The High Court of Kerala refused an application for anticipatory bail. Directing petitioners to surrender for police interrogation by January 2, 2012, the Court permitted them to apply for regular bail after such interrogation is completed.
Petitioners directed to surrender for interrogation by Jan 2, 2012; regular bail permitted after interrogation.
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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. 8890 of 2011()
---------------------------------(CRIME NO.609/2011 OF PUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT)
PETITIONERS/ACCUSED
----------------------------
1. MURALI, AGED 46 YEARS, S/O.GOPALAN, MALIEKKAL HOUSE, ELANTHIKKARA KARA, PUTHENVELIKKARA VILLAGE, PARAVUR TALUK.
2. BIJU, AGED 39 YEARS,
3. GOPI, AGED 52 YEARS, S/O.AYYAPPAN, VALAPPAKATHU VEEDU, ELANTHIKKARA KARA, PUTHENVELIKKARA VILLAGE, PARAVUR TALUK.
BY ADVS. SRI.S.RAJEEV
SRI.. DHEERENDRA KRISHNAN
RESPONDENT(S): STATE
-----------------------------
STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.609/2011 OF PUTHENVELIKKARA POLICE STATION, ERNAKULAM DISTRICT)
BY PUBLIC PROSECUTOR SMT.R.REMA
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.8890 of 2011
Dated: 19.12.2011
ORDER
Petitioners who are accused Nos.1 to 3 in Crime No.609/2011 of Puthenvelikkara Police Station for offences punishable under Sections 324, 326 and 447 read with 34 I.P.C., seek anticipatory bail.
B.A. No.8890/ 2011
-:2:-
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 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.
V.RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether anticipatory bail should be granted in a case involving offences under Sections 324, 326 and 447 read with 34 I.P.C. pending police interrogation.
Whether petitioners can be granted bail before completing police interrogation.
Colour shows how this judgement treated each authority
Siddharam Satlingappa Mhetre v. State of Maharashtra and OthersReferred¶112
Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (2011) 1 SCC 694 · Who else cites this
MURALI
BIJU
GOPI
STATE
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
