IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 475 of 2011()
1. SEBIN, S/O.CHANDRAN, VETTIKATTIL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY PUBLIC
... Respondent
For Petitioner :SRI.THOMAS J.ANAKKALLUNKAL
For Respondent : No Appearance
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.475 of 2011
..........................................
Dated this the 27th day of January, 2011
ORDER
Petitioner, who is the 3rd accused in Crime No.459/2010 of
Rajakkadu Police Station for offences punishable under
Sections 20(b) iiB 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 Spl.Court, NDPS
cases, Thodupuzha or the Court having jurisdiction.
B.A. No.475 /2011 -:2:-
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 Spl.Court, NDPS cases,
Thodupuzha 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 Spl.Court, NDPS cases,
Thodupuzha or the Court concerned and apply for regular bail
on the same day or the next day. The Spl.Court, NDPS cases,
Thodupuzha 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.475 /2011 -: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
Spl.Court, NDPS cases, Thodupuzha or the Court concerned.
Likewise, the above 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.
Dated this the 27th day of January, 2011.
V.RAMKUMAR, JUDGE
sj