Judgment · High Court · 2010
Case at a glance
Outcome
Disposed of
This petition is disposed of as above
Provisions considered
- Kerala Forest Act ss. 27(1)(d), 27(1)(e)
Judgment
B.A. No. 8642/2010: 2:the investigating officer has not had the advantage ofinterrogating the petitioner. But at the same time, I am inclinedto permit the petitioner to surrender before the InvestigatingOfficer for the purpose of interrogation and then to have hisapplication for bail considered by the Magistrate or the Courthaving jurisdiction. Accordingly, the petitioner shall surrenderbefore the investigating officer on 03.01.2011 or on 04.01.2011for the purpose of interrogation and recovery of incriminatingmaterial, if any. In case the investigating officer is of the viewthat having regard to the facts of the case arrest of thepetitioner is imperative he shall record his reasons for the arrestin the case-diary as insisted in paragraph 129 of SiddharamSatlingappa Mhetre's case (supra). The petitioner shall thereafterbe produced before the Magistrate or the Court concerned andpermitted to file an application for regular bail. In case theinterrogation of the petitioner is without arresting him, thepetitioner shall thereafter appear before the Magistrate or theCourt concerned and apply for regular bail. The Magistrate or B.A. No. 8642/2010: 3:the Court on being satisfied that the petitioner has beeninterrogated by the police shall, after hearing the prosecution aswell, consider and dispose of his application for regular bailpreferably on the same date on which it is filed. 4.In case the accused while surrendering before theInvestigating Officer has deprived the investigating officersufficient time for interrogation, the officer shall complete theinterrogation even if it is beyond the time limit fixed as aboveand submit a report to that effect to the Magistrate or the Courtconcerned. Likewise, the Magistrate or the Court also will not bebound by the time limit fixed as above if sufficient time wasnot available after the production or appearance of the accused . This petition is disposed of as above. Dated this the 23rd day of December, 2010.V.RAMKUMAR, JUDGErv B.A. No. 8642/2010: 4:
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This petition is disposed of as above
Which statutory provisions did this judgment involve?
Kerala Forest Act — ss. 27(1)(d), 27(1)(e).
Which court decided this case, and when?
Kerala High Court, on 23 Dec 2010. The bench was V RAMKUMAR.
Precedent status how later indexed judgments have treated this case
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