Joshi vs State of Kerala

M. Sasidharan Nambiar, J.—Petitioner is the accused in Crime No. 503 of 2011 of Vellarikkundu Police Station registered for the offences u/s 341, 323, 354, 324 and 308 of IPC. Apprehending arrest, petition is filed u/s 438 of Code of Criminal Procedure for anticipatory bail. Petitioner had earlier filed B.A.No. 338 of 2012 for the same relief. By Annexure A order dated 24.1.2012, it was dismissed holding that custodial interrogation of the petitioner may be necessary and if petitioner is released, it would adversely affect the investigation. Learned senior counsel appearing for the petitioner submitted that in spite of that order dated 24.1.2012, petitioner was not arrested and in such circumstances, when petitioner is prepared for custodial interrogation, he be permitted to surrender before the Investigating Officer for interrogation with a direction to produce him before the learned Magistrate to enable him to get bail from the learned Magistrate. Learned Public Prosecutor submitted that in Annexure A order, the time of the incident was shown as 7 am instead of 9 pm. In view of Annexure A order, petitioner cannot be granted anticipatory bail. Petitioner is permitted to surrender before the Investigating Officer for interrogation within ten days from today. After completing interrogation, petitioner shall be produced before the concerned Magistrate without delay. In that event, petitioner is entitled to move for bail. If such an application for bail is filed before the learned Magistrate with previous notice to the A.P.P, learned Magistrate to pass appropriate orders in accordance with law without delay preferably on the same day. If the petitioner fails to report as directed, the Investigating Officer is free to arrest him.