The High Court of Kerala rejected the prayer for anticipatory bail, holding that the petitioner must first surrender for interrogation. The petitioner was directed to appear on specific dates to facilitate inquiry before filing for regular bail.
Petitioner directed to surrender for interrogation and then approach Magistrate for regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Bail Appl..No. 2322 of 2011() ----------------------------CRIME NO.348/2011 OF ADIMALI POLICE STATION PETITIONER/2ND ACCUSED -------------------------------BASIL, AGED 24 YEARS, CHERUPURATH HOUSE, CHATTUPURA, ADIMALI, IDUKKI DISTRICT.
BY ADV. SRI.S.JIJI
RESPONDENT(S): COMPLAINANT -----------------------------------------THE STATION HOUSE OFFICER, ADIMALI POLICE STATION, IDUKKI DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Application No.2322 of 2011
Dated: 05.04.2011 ORDER
Petitioner, who is the 2nd accused in Crime No.348/2011 of Adimali Police Station for offences punishable under Sections 420,323,506(i),294(b) and 354 read with 34 I.P.C. and Section 3(i) (xi) and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, seeks anticipatory bail.
B.A. No.2322/2011
-:2:-
he shall record his reasons for the arrest in the case-diary as insisted in paragraph 129 of Siddharam'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 on the same day or the next day 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.
This petition is disposed of as above.
Dated this the 5th day of April, 2011.
V.RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether anticipatory bail can be granted at the initial stage before interrogation in a case involving offences under Section 420 IPC and SC/ST Act.
Whether the petitioner should be directed to surrender for interrogation before seeking regular bail.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersApplied¶3
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930)
Basil
The Station House Officer, Adimali Police Station, Idukki District
V. Rammkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
