IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH SEPTEMBER 2011 / 25TH BHADRA 1933 Bail Appl..No. 6108 of 2011() ----------------------------------------- CRIME NO.448/2011 OF ARANMULA POLICE STATION, PATHANAMTHITTA DIST ----------------------------------------------- PETITIONER/ ACCUSED NO.1 -------------------------------------------- BINU, AGED 25 YEARS, S/O. THANKAMANI, MELEL HOUSE, POOKKODE, PARIYARAM, ELANTHOOR VILLAGE AND KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENT(S): COMPLAINANT AND STATE -------------------------------------------------------------------- 1. THE S.I OF POLICE, ARANMULA POLICE STATION, PATHANAMTHITTA DISTRICT -PIN- 689 533. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. R1 & R2 BY PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V.RAMKUMAR, J. --------------------------------------------- Bail Appln.No.6108 of 2011 ---------------------------------------------- Dated this the 16th day of September, 2011 ORDER Petitioner, who is accused No.1 in Crime No.448 of 2011 of Aranmula Police Station for offences punishable under Sections 341, 366, 354, 427 and 34 of 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 29/09/2011 or on 30/09/2011 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 day and apply for Bail Appln.No.6108/2011 : 2 : 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 16th day of September, 2011. V.RAMKUMAR, JUDGE skj