Dismissed

Jithesh v. State of Kerala

Kerala HC14 Jun 2011Bail Appl./4213/2011

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed an anticipatory bail application for an accused facing offences under Sections 147, 148, 323, and others of IPC. The court held that bail cannot be granted until the investigating officer interrogates the petitioner and recovers incriminating material, directing surrender by 25-06-2011.

What did the court decide?

Petitioner directed to surrender before investigating officer by 24-06-2011 or 25-06-2011 for interrogation; permitted to apply for regular bail thereafter.

Jithesh Vs State of Kerala — Bail and Remand | 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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TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933

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Bail Appl..No. 4213 of 2011() ---------------------CRIME NO. 398 OF 2011 OF KOYILANDY POLICE STATION

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PETITIONER /ACCUSED

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JITHESH @ JITHA, S/O.UNNARA PAREMMAL,P.O.,VIYYOOR VIYYOOR AMSOM DESOM,KOYILANDY, KOZHIKODE

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BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU

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RESPONDENT(S): ---------------

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STATE OF KERALA, REP.BY LEARNED PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE S.I.OF POLICE, KOYILANDY POLICE STATION, KOZHIKODE

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PUBLIC PROSECUTOR SRI. C.S. HRITHWIK

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/06/2011, 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.4213 of 2011

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

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Dated: 14-06-2011

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ORDER

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Petitioner who is the first accused in Crime No. 398 of 2011 of Koyilandy Police Station for offences punishable under Sections 143, 147, 148, 341, 323, 324 and 308 read with Sec. 149 I.P.C. 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 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 24-06-2011 or on 25-06-2011 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

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B.A. No. 4213 of 2011 -:2:-

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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 14^th day of June, 2011.

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V.RAMKUMAR, JUDGE

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ani/

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B.A. No. 4213 of 2011 -:3:-

Jithesh v. State of Kerala

Case brief

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Jithesh v. State of Kerala

Case brief

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