The High Court of Kerala declined to grant anticipatory bail in a Section 376 IPC case. It directed the petitioners to surrender for police interrogation by June 30, 2011, noting that bail cannot be granted before interrogation.
Anticipatory bail denied; petitioners directed to surrender for interrogation by June 30, 2011, to then apply for regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933
Bail Appl..No. 4571 of 2011() ----------------------------CRIME NO.465/2011 OF CHANDERA POLICE STATION
PETITIONERS/ ACCUSED NOS.1 AND 2
BY ADV. SRI.M.V.AMARESAN
RESPONDENT(S): ---------------
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.C.S.HRITHWIK
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
......................................... Bail Application No.4571 of 2011
Dated: 17.06.2011 ORDER
Petitioners, who are accused Nos.1 and 2 in Crime No.465/2011 of Chandera Police Station for offences punishable under Sections 376 I.P.C., seek anticipatory bail.
B.A. No.4571/ 2011
-:2:-
Court on being satisfied that the petitioners have been interrogated by the 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.
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 .
This petition is disposed of as above. Dated this the 17th day of June, 2011.
V.RAMKUMAR, JUDGE
sj
3 issues framed by the court
Whether anticipatory bail can be granted in a case involving offences under Section 376 IPC where the accused has not yet been interrogated.
Whether the petitioners must surrender for interrogation before a regular bail application can be considered.
Whether the Magistrate/Court can consider regular bail applications filed by the petitioners after surrender and interrogation.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersReferred¶19
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others ((2011) 1 SCC 694) · Who else cites this
1 provisions across 1 enactments
Sureshan V.V.
Santhosh V.V.
State of Kerala
V. Ramkumar
As recorded by the court registry
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