IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 511 of 2011()
1. ANEESH, S/O.SHAMSUDEEN, AGED 26 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY SUB
... Respondent
For Petitioner :SRI. K.SIJU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/01/2011
O R D E R
V. RAMKUMAR, J.
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B.A. No. 511 of 2011
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Dated this th 27th day of January, 2011.
ORDER
Petitioner who is the sole accused in Crime No.60 of 2011
of Sasthamcotta Police Station for an offence punishable under
Section 304 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 (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
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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 10.02.2011 or on
11.02.2011 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 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
B.A. No. 511/2011 3
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 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 accused while surrendering before the
Investigating Officer has 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 accused .
This petition is disposed of as above.
Dated this the 27th day of January, 2011.
V.RAMKUMAR, JUDGE
RV
B.A. No. 511/2011 4