Dismissed

Nazar v. State of Kerala

Kerala HC3 Jun 2011Bail Appl./3464/2011

Case brief

AI extract

What is this about?

High Court of Kerala denied anticipatory bail in an offence under the Essential Commodities Act where prior police interrogation was pending. Petitioner directed to surrender for interrogation; regular bail to be considered only post-interrogation.

What did the court decide?

Petitioner directed to surrender for interrogation on 14.06.2011 or 15.06.2011; regular bail application permissible only after interrogation.

Nazar Vs State of Kerala — Anticipatory Bail | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933

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Bail Appl..No. 3464 of 2011()

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CRIME NO. 1716/2010 of KOTTIYAM POLICE STATION, KOLLAM

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PETITIONER/3RD ACCUSED:-

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NAZAR, S/O. ISMAIL KUNJU, MARTHUKULANGARA SOUTH, KOLLAM DISTRICT.

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BY ADV. SRI.B.KRISHNA MANI

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RESPONDENTS/COMPLAINANT/STATE:-

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THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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THE SUB INSPECTOR OF POLICE, KOTTIYAM POLICE STATION, KOTTIYAM.

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ADV. SRI. M.R. VENUGOPAL, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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.........................................

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Bail Application No. 3464 of 2011

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..........................................

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Dated this the 3^rd day of June, 2011.

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ORDER

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Petitioner who is the 3^rd accused in Crime No. 1716 of 2010 of Kottiyam Police Station for offences punishable under Order 16 of the Kerala Kerosene Control Order 1968 read with Sections 3 and 7 of the Essential Commodities Act, 1955, seeks anticipatory bail.

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The learned Public Prosecutor opposed the application.

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After evaluating the factors and parameters which are

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to be taken into consideration in the light of paragraph 112 of the verdict of the Apex Court in Siddharam Satlingappa Mhetre v.

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State of Maharashtra and Others - (2011) 1 SCC 694 , 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. Accordingly, the petitioner is directed to surrender before the investigating officer on 14.06.2011 or on 15.06.2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the petitioner is arrested by the Investigating Officer before interrogation, 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

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B.A. No. 3464/2011 -:2:-

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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.

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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.

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This petition is disposed of as above. Dated this the 3^rd day of June, 2011.

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sd/- V.RAMKUMAR, JUDGE

//True Copy//

P.A to Judge.

B.A. No. 3464/2011 -:3:-

Nazar v. State of Kerala

Case brief

What is this about?

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Nazar v. State of Kerala

Case brief

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What did the court decide?

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