Dismissed

Rajan v. State of Kerala

Kerala HC9 Jun 2011Bail Appl./4295/2011

Case brief

AI extract

What is this about?

The High Court of Kerala referred to the Supreme Court in Mhetre regarding factors for anticipatory bail. It denied anticipatory bail to the petitioner in a case involving assault and unlawful assembly, directing him to surrender for interrogation by within two days. Regular bail may be applied for after interrogation.

What did the court decide?

Petitioner directed to surrender for interrogation on 20-6-2011 or 21-6-2011; regular bail application considered thereafter.

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

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Bail Appl..No. 4295 of 2011() ---------------------CRIME NO. 201 OF 2011 OF KONNY POLICE STATION

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PETITIONERS/ACCUSED

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RAJAN, AGED 30 YEARS, VALUPARAMBIL HOUSE, MAKKULAM MURI, KONNI VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.AJITH MURALI

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RESPONDENT(S): COMPLAINANT

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

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PUBLIC PROECUTOR SRI. C.S. HRITHWIK

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

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Bail Application No. 4295 of 2011

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

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Dated: 09-06-2011

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ORDER

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Petitioner who is the second accused in Crime No. 201 of 2011 of Konny Police Station, Pathanamthitta, for offences punishable under Sections 341, 323, 324 and 326 read with Sec. 34 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 20-6-2011 or on 21-6-2011 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. 4295 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.

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Dated this the 9th day of June, 2011.

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Sd/- V.RAMKUMAR, JUDGE

ani/

/true copy/

P.S. to Judge

B.A. No. 4295 of 2011 -:3:-

Rajan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajan v. State of Kerala

Case brief

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What did the court decide?

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