The High Court of Kerala refused anticipatory bail to the second accused in a case under IPC and Arms Act offences. The court directed the petitioner to surrender for police interrogation before considering regular bail.
Petitioner directed to surrender for interrogation; regular bail application to be filed after interrogation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 Bail Appl..No. 3935 of 2011() ----------------------------CRIME NO.539/2011 OF VARKALA POLICE STATION
PETITIONER/2ND ACCUSED: --------------------------------SHAHEN @ UTTU, AGED 29 YEARS, PUTHENVEEDU, EDAVA, VARKALA. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.P.K.NIJOY
RESPONDENT(S): --------------STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
......................................... Bail Application No.3935 of 2011
Dated: 08.06.2011 ORDER
Petitioner, who is the 2nd accused in Crime No.539/2011 of Varkala Police Station for offences punishable under Sections 341,324,326,394 and 398 I.P.C. and Section 27 of the Arms Act, seeks anticipatory bail.
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 20.06.2011 or on 21.06.2011 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 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
B.A. No.3935/ 2011
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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.
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.
Dated this the 8th day of June, 2011.
V.RAMKUMAR, JUDGE
sj
3 issues framed by the court
Whether anticipatory bail should be granted given the petitioner has not yet been interrogated by the investigating officer.
Whether the investigating officer has been afforded sufficient opportunity to interrogate the petitioner before regular bail is considered.
Whether a notice to surrender for interrogation is a valid disposition in a bail application where the investigation is incomplete.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersExplained¶12
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others - (2011) 1 SCC 694 · Who else cites this
3 provisions across 3 enactments
SHAHEN @ UTTU
STATE OF KERALA
V.RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
