SHABEER K M Vs. STATE OF KERALA AND

JUDGEMENT

(1.) Petitioner who is the 2nd accused in Crime No. 301 of 2011 of Mundakayam Police Station for offences punishable under Sections 447, 453, 427 and 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 under paragraph 112 of the verdict of the Apex Court in Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors., 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 17.06.2011 or on 18.06.2011 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 on the next 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, release the Petitioner on bail.