IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 7543 of 2011() 1. ALI @ ALI AKBARSHA, S/O. THAJUDEEN, ... Petitioner 2. SHANAVAS, S/O. VAHID, Vs 1. STATE OF KERALA, REPRESENTED BY THE ... Respondent For Petitioner :SRI.R.GOPAN For Respondent : No Appearance The Hon'ble MR. Justice V.RAMKUMAR Dated :16/09/2011 O R D E R V.RAMKUMAR, J. --------------------------------------------- Bail Appln.No.7543 of 2011 ---------------------------------------------- Dated this the 16th day of September, 2011 ORDER
Petitioners, who are accused Nos.1 and 2 in Crime No.547 of 2011 of Balaramapuram Police Station for offences punishable under Sections 307, 394 & 34 I.P.C. and Section 27 of the Arms Act, seek anticipatory bail.
2. The learned Public Prosecutor opposed the application.
3. 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 petitioners. Accordingly, the petitioners are directed to surrender before the investigating officer on 29/09/2011 or on 30/09/2011 for the purpose of interrogation and recovery of incriminating material, if any. In case the petitioners are arrested by the Investigating Officer before interrogation, the petitioners shall thereafter be produced before the Magistrate or the Court concerned and permitted to file an application for regular bail. Bail Appln.No.7543/2011 : 2 : In case the interrogation of the petitioners is without arresting them, the petitioners 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 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 16th day of September, 2011.
V.RAMKUMAR, JUDGE skj