IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 147 of 2011()
1. THANKACHAN, AGED 43 YEARS,
... Petitioner
Vs
1. THE FOREST RANGE OFFICER,
... Respondent
For Petitioner :SRI.P.G.SURESH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :21/01/2011
O R D E R
V. RAMKUMAR, J.
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Bail Application No.147 of 2011
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Dated this the 21st day of January, 2011
ORDER
Petitioner, who is accused No.1 in O.R.No.4 of 2010 of
Palappilly Forest Range, Thrissur, for offences punishable under
Sections 27(1)(e)(iv),(iii) and 27(I) (d) of Kerala Forest Act 1961
(Amendment Act 1993), 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
B.A.No.147/2011 -:2:-
considered by the Magistrate or the Court having jurisdiction.
Accordingly, the petitioner shall surrender before the
investigating officer on 01/02/2011 or on 02/02/2011 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 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 on the same
day or the next day. 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.
B.A.No.147/2011 -: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 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
skj