IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7962 of 2010()
1. SHAJI,S/O.VARGHESE, SHAJI NIVAS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY THE
... Respondent
For Petitioner :SRI.R.V.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :09/12/2010
O R D E R
V.RAMKUMAR, J.
------------------------------------
Bail Application No. 7962 of 2010
-----------------------------------------------
Dated this the 9th day of December, 2010
ORDER
Petitioner, who is the sole accused in Crime No.562/2010
of Vilappilsala Police Station for an offence punishable under
Section 376 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 (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 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 officer on 20.12.2010 or on
B.A.No.7962/2010 2
21.12.2010 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 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.
4. In case the petitioner while surrendering
before the Investigating Officer has deprived the
B.A.No.7962/2010 3
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
ln