IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 8337 of 2010()
1. SHIJU & 2 OTHERS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :13/12/2010
O R D E R
V.RAMKUMAR, J.
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Bail Application No.8337 of 2010
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Dated this the 13th day of December, 2010
ORDER
Petitioners, who are accused Nos.4, 6 & 7 in Crime
No.569 of 2010 of Vellikulangara Police Station, Thrissur, for
offences punishable under Sections 143, 147, 148, 341, 323,
324, 308 & 427 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 (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 application for bail
Bail Appln.No.8337/2010
: 2 :
considered by the Magistrate or the Court having jurisdiction.
Accordingly, the petitioners shall surrender before the
investigating officer on 23/12/2010 or on 24/12/2010 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.
In case the petitioners while surrendering before the
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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 13th day of December, 2010.
V.RAMKUMAR, JUDGE
skj