IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8253 of 2010()
1. JEEVAN, S/O.PODIYAN (RAJEEVAN),
... Petitioner
2. JEEMON, S/O.PODIYAN (RAJEEVAN),
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.MATHEW JAMES
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :20/12/2010
O R D E R
V. RAMKUMAR, J.
.........................................
B.A. No. 8253 of 2010
..........................................
Dated this the 20th day of December, 2010.
ORDER
Petitioners who are the accused in Crime No. 703 of 2010 of
Ambalapuzha Police Station for offences punishable under
Sections 308, 326 and 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 (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 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
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application for bail considered by the Magistrate or the Court
having 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
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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 20th day of December, 2010.
V.RAMKUMAR, JUDGE
rv
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