IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8249 of 2010()
1. GIREESH,AGED 31 YEARS,S/O.APPUKUTTAN,
... Petitioner
2. PRABHI @ PRABHIN,AGED 23 YEARS,
3. MURALI @ MANI,AGED 32 YEARS,
Vs
1. STATE OF KERALA,REP.BY SUB INSPECTOR
... Respondent
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/12/2010
O R D E R
V. RAMKUMAR, J.
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B.A. No.8249 of 2010
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Dated this the 21st day of December, 2010
ORDER
Petitioners, who are accused Nos.5, 6 and 7 in Crime
No.393/2010 of Erumapetty Police Station for offences punishable
under Sections 143, 147, 148, 448, 323, 324, 326 and 354 read
with Section 149 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 the Court having
B.A.No.8249/2010 2
jurisdiction. Accordingly, the petitioners shall surrender before
the investigating officer on 30.12.2010 or on 31.12.2010 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
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. 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.8249/2010 3
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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