The High Court of Kerala rejected an anticipatory bail application, directing petitioners to surrender for police interrogation within five days. If interrogated, their subsequent regular bail application must be expedited.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933
Bail Appl..No. 4790 of 2011()
----------------------------CRIME NO.270/2011 OF KUMILY POLICE STATION
PETITIONERS/ACCUSED 1,2 AND 4 TO 6
BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN
RESPONDENT: COMPLAINANT
STATE OF KERALA,REPRESENTD BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM.
PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
Bail Appln. No.4790 of 2011
Dated this the 28th day of June, 2011
ORDER
Petitioners, who are accused Nos.1, 2 & 4 to 6 in Crime No.270 of 2011 of Kumily Police Station for offences punishable under Sections 143, 147, 148, 294(b), 506(ii), 323, 324, 326, 308 & 149 I.P.C., seek anticipatory bail.
Bail Appln.No.4790/2011
: 2 :
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 28th day of June, 2011.
V.RAMKUMAR, JUDGE
skj
2 issues framed by the court
Whether anticipatory bail should be granted given that the petitioners have not undergone police interrogation.
Whether the petitioners can surrender for interrogation and subsequently apply for regular bail.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersApplied¶26
(2011) 1 SCC 694 · Who else cites this
2 provisions across 2 enactments
Kunjumon and others
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
