IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 4026 of 2011()
1. K.KARUNAKARAN,AGED 56 YEARS,S/O.KALLALAN ... Petitioner
1. THE STATE OF KERALA,REPRESENTED BY ... Respondent
For Petitioner :SMT.T.SUDHAMANI
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
O R D E R
V. RAMKUMAR, J.
......................................... Bail Application No. 4026 of 2011
.......................................... Dated: 06-06-2011
Petitioner who is the sole accused in Crime No. 202 of 2011 of Ambalathara Police Station for an offence punishable under Sec. 511 of 376 I.P.C. seeks 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 petitioner. Accordingly, the petitioner is directed to surrender before the investigating officer on 17-06-2011 or on 18-06-2011 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 B.A. No. 4026 of 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 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.
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 . This petition is disposed of as above. Dated this the 6th day of June, 2011. V.RAMKUMAR, JUDGE
B.A. No. 4026 of 2011 -:3:-