IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8727 of 2010()
1. AAMIR, S/O.SYEDMUHAMMED, 26 YEARS,
... Petitioner
2. MANOJ, S/O.SASIDHARAN NAIR,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.SYAM J SAM
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :07/01/2011
O R D E R
V. RAMKUMAR, J.
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B.A. No. 8727 of 2010
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Dated: 7th January, 2010
ORDER
Petitioners who are accused Nos. 5, 6 in Crime No. 1008 of
2010 of Sakthikulangara Police Station for offences punishable
under Sections 120 B, 417 and 420 read with Sec. 34 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
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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 the Court having
jurisdiction. Accordingly, the petitioners shall surrender before
the investigating officer on 17-01-2011 or on 18-01-2011 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
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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.
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.
Dated this the 7th day of January, 2011.
Sd/-V.RAMKUMAR, JUDGE
ani/ /true copy/
P.S. to Judge
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