IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Bail Appl..No. 7888 of 2010() ---------------------------------------- ( CRIME NO.628/2010 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT) CRL.M.C.NO. 1176/2010 OF SESSIONS COURT MANJERI, MALAPPURAM DIST -------------------- PETITIONER / ACCUSED ------------------------------------ ABID @ ABI, S/O.ABDULLA, ULLATTIL HOUSE, MELAKKAM,KARUVAMBRAM P.O., MANJERI, MALAPPURAM DISTRICT BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------- 1. THE SUB INSPECTOR OF POLICE MANJERI POLICE STATION-676121 2. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM,-31 R1 & R2 BY PUBLIC PROSECUTOR SRI. V.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/12/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts V. RAMKUMAR, J. ......................................... B.A. No.7888 of 2010 .......................................... Dated this the 7th day of December, 2010 ORDER Petitioner, who is the sole accused in Crime No.628/2010 of Manjeri Police Station for an offence punishable under Section 326 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 122 of the verdict dated 2-12-2010 of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Others (Crl.Appeal No. 2271 of 2010), 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. But at the same time, I am inclined to permit the petitioner to surrender before the Investigating Officer for the purpose of interrogation and then to have his application for bail considered by the Magistrate having jurisdiction. Accordingly, the petitioner shall surrender before the investigating officer on 17.12.2010 or on 18.12.2010 for the purpose of interrogation and recovery of incriminating material, if any. In case the investigating officer is of the view that having regard B.A.No.7888/2010 2 to the facts of the case arrest of the petitioner is imperative he shall record his reasons for the arrest in the case diary as insisted in paragraph 129 of Siddharam Satlingappa Mhetre's case (supra). The petitioner shall thereafter be produced before the Magistrate who on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. In case the interrogation of the petitioner is without arresting him, the petitioner shall thereafter appear before the Magistrate and apply for regular bail. The Magistrate on being satisfied that the petitioner has been interrogated by the police shall consider and dispose of his application for regular bail preferably on the same date on which it is filed. This petition is disposed of as above. V.RAMKUMAR, JUDGE ln