IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 Bail Appl..No. 3279 of 2011() ----------------------------------------- CRIME NO.666/2008 OF KORATTY POLICE STATION, THRISSUR DISTRICT. .................... PETITIONER/ACCUSED --------------------------------- RAJA, S/O.MURUKAN, PUTHUMANNAI, YERAV VILLAGE, SREEVAIKUNDAM TALUK, ARUTHANIYAR AMMAL THOPPU DESOM, THOOTHUKKUDY DISTRICT, TAMIL NADU. BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.M.S. BREEZ. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs V. RAMKUMAR, J. ......................................... Bail Application No.3279 of 2011 .......................................... Dated: 06.05.2011 ORDER Petitioner, who is the 2nd accused in Crime No.666/2008 of Koratty Police Station for offences punishable under Sections 341,323 and 308 read with 34 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 17.05.2011 or on 18.05.2011 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 appear before the Magistrate or the Court concerned on the same day or the next B.A. No. 3279/2011 -:2:- 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. 4. 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 . In case the petitioner is able to show that he was juvenile on the date of occurrence, the Magistrate may conduct an enquiry and if he is convinced about the plea of juvenility of the petitioner, may forward the petitioner to the Juvenile Justice Board to be dealt with in accordance with law. This petition is disposed of as above. Dated this the 6th day of May, 2011. V.RAMKUMAR, JUDGE sj