Dismissed

K.v.Shaji v. State of Kerala

Kerala HC15 Jun 2011Bail Appl./4466/2011

Case brief

AI extract

What is this about?

The High Court of Kerala refused anticipatory bail to a sole accused charged with offences under Sections 420, 403, 409, and 427 IPC. The court directed the petitioner to surrender for interrogation and followed the guidelines laid down in Siddharam Satlingappa Mhetre regarding the procedure for seeking regular bail post-interrogation.

What did the court decide?

No anticipatory bail granted; petitioner directed to surrender for interrogation by specified dates and apply for regular bail thereafter.

K.v.Shaji Vs State of Kerala — Cheating and Forgery | 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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WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933

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Bail Appl..No. 4466 of 2011()

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----------------------------CRMP.1214/2011 of DIST & SESSIONS COURT, ALAPPUZHA CRIME NO. 430/2011 of ALAPPUZHA NORTH POLICE STATION

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PETITIONER:-

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K.V.SHAJI, AGED 40 YEARS, S/O.VISWANATHAN, KULANGARA VELI, NORTH ARYAD.P.O., ALAPPUZHA.

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BY ADV. SRI.INNOCENT FRANCIS PAPALI

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RESPONDENTS:

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STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM-680 031.

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SUB INSPECTOR OF POLICE, ALAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT-688 001.

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ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2011, 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. 4466 of 2011

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.......................................... Dated this the 15^th day of June, 2011.

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ORDER

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Petitioner who is the sole accused in Crime No. 430 of 2011 of Alappuzha North Police Station for offences punishable under Sections 420, 403, 409 and 427 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

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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

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B.A. No. 4466/2011

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-:2:-

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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 15^th day of June, 2011.

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sd/- V.RAMKUMAR, JUDGE.

//True Copy//

P.A to Judge.

B.A. No. 4466/2011 -:3:-

K.v.Shaji v. State of Kerala

Case brief

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K.v.Shaji v. State of Kerala

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