High Court declined anticipatory bail pending interrogation but directed accused to surrender for police questioning before applying for regular bail.
Accused directed to surrender for interrogation on specified dates; thereafter permitted to file regular bail application.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933
Bail Appl..No. 8664 of 2011()
---------------------------------(CRIME NO.848/2011 OF WADAKKANCHERRY POLICE STATION, THRISSUR DISTRICT)
APPLICANT/ACCUSED --------------------------
SANKARA NARAYANAN, AGED 46 YEARS, S/O.RAGHAVAN, KOTTAYIL HOUSE, THENGALOOR.
BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADVS. SRI.VIPIN NARAYAN SRI.UNNI SEBASTIAN KAPPEN
RESPONDENT(S): COMPLAINANT
--------------------------------------
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, THRISSUR DISTRICT. WADAKKANCHERRY POLICE STATION.
BY PUBLIC PROSECUTOR SRI.RANJITH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
svs
V. RAMKUMAR, J.
Bail Application No. 8664 of 2011
Dated: 19th December, 2011.
ORDER
Petitioner who is the sole accused in Crime No. 848 of 2011 of Wadakkancherry Police Station, Thrissur District for offences punishable under Sections 448, 323 and 324 I.P.C. seeks anticipatory bail.
Bail Application No. 8664 of 2011 -:2:-
(supra). 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 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.
This petition is disposed of as above.
Dated this the 19th day of December, 2011.
Sd/- V.RAMKUMAR,
JUDGE
ani/
/true copy/
P.S. to Judge
Bail Application No. 8664 of 2011 -:3:-
2 issues framed by the court
Whether anticipatory bail can be granted where the investigating officer has not interrogated the accused.
What procedure should be followed to allow interrogation while permitting future bail consideration?
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersExplained¶22
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2010 (4) KLT 930)
Sankara Narayanan
State of Kerala
V. Ramkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
