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Siyad and Others vs State of Kerala

High Court Of Kerala · Decided on 6 June 2011 · Citation: (2011) 06 KL CK 0184

HON’BLE JUDGES
V. Ramkumar, J
ACTS & SECTIONS REFERRED
Penal Code, 1860 (IPC) — Section 143, 147, 148, 149, 326
CASE NUMBER
Bail Application No. 4160 of 2011
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Judgment

6 paragraphs · 355 words

V. Ramkumar, J.—Petitioners who are accused Nos. 1 to 6 in Crime No. 16 of 2011 of Chavara Police Station, Kollam for offences punishable under Sections 143, 147, 148, 326 and 506(ii) read with Section 149 I.P.C., 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 Vs. State of Maharashtra and Others, , 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 17.06.2011 or on 18.06.2011 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. 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 6th day of June, 2011.