IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH JUNE 2011 / 3RD ASHADHA 1933 Bail Appl..No. 4723 of 2011() -------------------------------- CRIME NO. 652/2009 of ANCHALUMMOODU POLICE STATION, KOLLAM PETITIONERS/ ACCUSED NOS.6 & 7: ----------------------------------------- 1. SUMESH,S/O.RAJENDRAN PILLAI SUMATHI BHAVAN,NEAR SAW MILL CHAATTUKADU CHERRY, PANAYAM VILLAGE KOLLAM DISTRICT 2. MUKESH, S/O.RAJENDRAN PILLAI MUKESH BHAVAN, CHAATTUKADU CHERRY PANAYAM VILLAGE, KOLLAM DISTRICT BY ADV. SRI.C.RAJENDRAN RESPONDENT/ COMPLAINANT: ----------------------------------- STATE OF KERALA,REP.BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, THROUGH TEH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM ADV. SRI. C.S. HRITHWIK, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. ......................................... Bail Application No. 4723 of 2011 .......................................... Dated this the 24th day of June, 2011. ORDER Petitioners who are accused Nos. 6 and 7 in Crime No. 652 of 2009 of Anchalummoodu Police Station, Kollam for offences punishable under Sections 143, 147, 148, 452, 323, 324 and 308 read with Section 149 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 06.07.2011 or on 07.07.2011 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 B.A. No. 4723/2011 -:2:- 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 24th day of June, 2011. sd/- V.RAMKUMAR, JUDGE. rv //True Copy// P.A to Judge. B.A. No. 4723/2011 -:3:-