Disposed

Sreejith.a. v. State of Kerala

Kerala HC27 Jun 2011Bail Appl./4616/2011

Case brief

AI extract

What is this about?

The court refused anticipatory bail as the investigating officer had not interrogated the petitioner. The petitioner was directed to surrender for interrogation. Regular bail could be applied for after interrogation. The order was disposed of with specific directions regarding surrender dates and subsequent bail proceedings.

What did the court decide?

Anticipatory bail denied. Petitioner directed to surrender. Regular bail to be considered after interrogation.

Sreejith.a. 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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MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933

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Bail Appl..No. 4616 of 2011() ----------------------------CRIME NO.142/2011 OF CHERPULASSERY POLICE STATION

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PETITIONER: ACCUSED NO.1:

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SREEJITH.A, S/O. MURALI, THEKKE VELUTHEDATH HOUSE, MULAYAMKAVU,P.O, OTTAPALAM TALUK. PALAKKAD DISTRICT.

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BY ADV. SRI.K.B.ARUNKUMAR

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RESPONDENT:

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STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CHERPLUSSERY POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 017.

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PUBLIC PROSECUTOR SRI.M.S.BREEZ

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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Bail Appln. No.4616 of 2011

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Dated this the 27^th day of June, 2011

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ORDER

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Petitioner, who is accused No.1 in Crime No.142 of 2011 of Cherpulassery Police Station for offences punishable under Sections 143, 147, 447, 353 & 308 read with Section 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 12/07/2011 or on 13/07/2011 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 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

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Bail Appln.No.4616/2011

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: 2 :

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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 27^th day of June, 2011.

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V.RAMKUMAR, JUDGE

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skj

Sreejith.a. v. State of Kerala

Case brief

What is this about?

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Sreejith.a. v. State of Kerala

Case brief

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What did the court decide?

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