IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 556 of 2011()
1. BABU, S/O.KUTTAN, AGED 38 YEARS,
... Petitioner
2. HARIKUMAR K.B., S/O.SUKUMARAN, AGED 23
Vs
1. THE STATION HOUSE OFFICER,
... Respondent
For Petitioner :SRI.C.A.CHACKO
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :31/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.556 of 2011
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Dated this the 31st day of January, 2011
ORDER
Petitioners, who are accused Nos.1 & 3 in Crime No.682 of
2010 of Mundakayam Police Station for an offence punishable
under Section 395 I.P.C., seek anticipatory bail.
2. The learned Public Prosecutor opposed the
application.
3. After evaluating the factors and parameters which
are to be taken into consideration in the light of paragraph 122
of the verdict dated 2-12-2010 of the Apex Court in
Siddharam Satlingappa Mhetre v. State of Maharashtra
and Others (2010 (4) KLT 930), I am of the view that
anticipatory bail cannot be granted in a case of this nature, since
the investigating officer has not had the advantage of
interrogating the petitioners. But at the same time, I am
inclined to permit the petitioners to surrender before the
Investigating Officer for the purpose of interrogation and then to
have their application for bail considered by the Magistrate or
B.A.No.556/2011
-:2:-
the Court having jurisdiction. Accordingly, the petitioners shall
surrender before the investigating officer on 14/02/2011 or on
16/02/2011 for the purpose of interrogation and recovery of
incriminating material, if any. In case the investigating officer
is of the view that having regard to the facts of the case arrest
of the petitioners is imperative he shall record his reasons for
the arrest in the case-diary as insisted in paragraph 129 of
Siddharam Satlingappa Mhetre’s case (supra). The
petitioners shall thereafter be produced before the Magistrate or
the Court concerned and permitted to file an application for
regular bail. In case the interrogation of the petitioners are
without arresting them, the petitioners shall thereafter appear
before the Magistrate or the Court concerned and apply for
regular bail on the same day or the next day. The Magistrate or
the Court on being satisfied that the petitioners have been
interrogated by the police shall, after hearing the prosecution as
well, consider and dispose of their application for regular
bail preferably on the same date on which it is filed.
B.A.No.556/2011
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4. In case the petitioners while surrendering before
the Investigating Officer have deprived the investigating officer
sufficient time for interrogation, the officer shall complete the
interrogation even if it is beyond the time limit fixed as above
and submit a report to that effect to the Magistrate or the Court
concerned. Likewise, the Magistrate or the Court also will not
be bound by the time limit fixed as above if sufficient time was
not available after the production or appearance of the
petitioners.
This petition is disposed of as above.
V.RAMKUMAR, JUDGE
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