Disposed

Prasanth v. State of Kerala

Kerala HC9 Jun 2011Bail Appl./4148/2011

Case brief

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What is this about?

The High Court of Kerala refused anticipatory bail in a criminal case involving sections 323 and 326 IPC. Directing the petitioners to surrender for interrogation within two days, the court reserved the decision on regular bail until after interrogation and opportunity for the prosecution to be heard. Anticipatory bail was denied due to the need for investigation completion.

What did the court decide?

Anticipatory bail denied; petitioners directed to surrender for interrogation; regular bail application to be filed post-interrogation.

Prasanth 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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THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933

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Bail Appl..No. 4148 of 2011()

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----------------------------CRIME NO.531/2011 OF NARAKKAL POLICE STATION

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PETITIONERS: ACCUSED

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PRASANTH, AGED 30 YEARS, S/O.VINAYAKAN, MALAVEETTIL, AYODHYAPURAM, SOUTH PUTHUVYPE.

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RAJESH P.S., AGED 37 YEARS, S/O.SUBRAMANIAN, POOTHAMVEETTIL, SOUTH PUTHUVYPE.

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BY ADV. SMT.J.SHEEBA MARIAM

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RESPONDENT: COMPLAINANT

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STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Application No.4148 of 2011

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Dated this the 09^th day of June, 2011

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ORDER

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Petitioners, who are accused Nos.1 & 2 in Crime No.531 of 2011 of Narakkal Police Station for offences punishable under Sections 323 & 326 read with Section 34 I.P.C., seek 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 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

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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 petitioners. Accordingly, the petitioners are 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 petitioners are arrested by the Investigating Officer before interrogation, the petitioners 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 petitioners is without arresting them, the petitioners 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 petitioners have been interrogated by the

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B.A.No.4148/2011

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-:2:-

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police shall, after hearing the prosecution as well, consider and dispose of their application for regular bail preferably on the same date on which it is filed.

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In case the petitioners while surrendering before the Investigating Officer have 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 petitioners .

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This petition is disposed of as above. Dated this the 09^th day of June, 2011.

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V.RAMKUMAR, JUDGE

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skj

Prasanth v. State of Kerala

Case brief

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Prasanth v. State of Kerala

Case brief

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