High Court Kerala High Court

Satheesh Kumar P. vs State Of Kerala on 13 December, 2010

Kerala High Court
Satheesh Kumar P. vs State Of Kerala on 13 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 8070 of 2010()


1. SATHEESH KUMAR P., AGED 19 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SRI.SAJITH KUMAR V.

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :13/12/2010

 O R D E R
                          V.RAMKUMAR, J.
                       -------------------------------
                Bail Application No.8070 of 2010
               -----------------------------------------------
          Dated this the 13th day of December, 2010

                                 ORDER

Petitioner, who is the second accused in Crime No.175/2010

of Manimala Police Station for an offence punishable under

Section 379 read with Section 34 I.P.C., seeks 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 (Crl.Appeal No. 2271 of 2010), 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 petitioner. But at the same time, I am

inclined to permit the petitioner to surrender before the

Investigating Officer for the purpose of interrogation and then to

have his application for bail considered by the Magistrate or the

Court having jurisdiction. Accordingly, the petitioner shall

surrender before the investigating officer on 23.12.2010 or on

B.A.No.8070/2010 2

24.12.2010 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 petitioner 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

petitioner 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 petitioner is

without arresting him, the petitioner shall thereafter appear

before the Magistrate or the Court concerned and apply for

regular bail. The Magistrate or the Court on being satisfied that

the petitioner has been interrogated by the police shall, after

hearing the prosecution as well, consider and dispose of his

application for regular bail preferably on the same date on

which it is filed.

4. In case the petitioner while surrendering before the

Investigating Officer has deprived the investigating officer

sufficient time for interrogation, the officer shall complete the

B.A.No.8070/2010 3

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

petitioner.

This petition is disposed of as above.

V.RAMKUMAR, JUDGE

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