Hon'ble Justice V. Ramkumar rejected an anticipatory bail application for accused no. 2 in an IPC case, directing his surrender for interrogation within two days before bail consideration to allow investigation.
Petitioner directed to surrender for interrogation by 27.06.2011 or 28.06.2011; regular bail to be considered after interrogation.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933
Bail Appl..No. 4019 of 2011() --------------------------------
CRIME NO. 759/2011 of E.T. SOUTH POLICE STATION
PETITIONER/ ACCUSED NO.2:
BAIJU @ THOMAS , S/O. PATHROSE AGED 40 YEARS, KANNOTHUPARAMBIL HOUSE KOLATTIL LANE, NEAR PADAM STOP, KADAVANTHRA, KOCHI-20.
BY ADV. SRI.K.R.VINOD
RESPONDENT:
THE STATE OF KERALA REP BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA.
ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
.........................................
Bail Application No. 4019 of 2011
.......................................... Dated this the 15th day of June, 2011.
ORDER
Petitioner who is the 2nd accused in Crime No. 759 of 2011 of E.T. South Police Station for offences punishable under Sections 294 (b), 427 and 308 I.P.C., seeks anticipatory bail.
to be taken into consideration in the light of paragraph 112 of the verdict of the Apex Court in Siddharam Satlingappa Mhetre v. 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 27.06.2011 or on 28.06.2011 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
B.A. No. 4019/2011
-:2:-
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.
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 15th day of June, 2011.
sd/- V.RAMKUMAR, JUDGE.
rv
//True Copy//
P.A to Judge.
B.A. No. 4019/2011 -:3:-
1 issue framed by the court
Whether anticipatory bail can be granted to an accused who has not yet undergone interrogation and whose case nature warrants further investigation.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersExplained¶4
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others - (2011) 1 SCC 694 · Who else cites this
2 provisions across 2 enactments
BAIJU @ THOMAS
THE STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
