IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8407 of 2010()
1. ABDUL SHUKKUR, S/O.IMBICHI BAVA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.C.V.MANUVILSAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :23/12/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No. 8407 of 2010
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Dated this the 23rd day of December, 2010
ORDER
Petitioner, who is the sole accused in Crime No.910/2010 of
Tirur Police Station for offences punishable under Sections 448,
427, 294(b) 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 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
B.A.No.8407/2010 2
officer on 03.01.2011 or on 04.01.2011 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 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.
B.A.No.8407/2010 3
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
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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