IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 Bail Appl..No. 1522 of 2008() ----------------------------- CRIME NO.102/02 OF THE THIROORANGADI POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- HAMEED @ ABDUL HAMEED @ JIM HAMMED S/O.HASSAN, KOONAMVEEDU, OZHUKOOR, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA,REPRESENTED BY THE SUB INSEPCTOR OF POLICE THIROORANGADI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1522 of 2008 ------------------------------------------------- Dated this the 11th day of March, 2008 ORDER Second application for regular bail. The petitioner faces allegations in a crime registered under Sec.394 of the IPC. His formal arrest in this crime was recorded on 1/1/08 though he has remained in custody from 28/7/07 as an accused in some other crime. Investigation is not complete. Final report has not been filed so far. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He prays that the petitioner may now be enlarged on bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that considering the gravity of the allegations and the stage of investigation, the petitioner may not be granted regular bail now. B.A. No. 1522 of 2008 -: 2 :- 4. I have considered all the relevant inputs. Facts have been adverted to in detail in an earlier order dated 18/2/08 in B.A.No.831/08. This order must be read in continuation of the said order. I am hence not adverting to the facts in any greater detail in this order. 5. Having considered all the relevant inputs, I am not persuaded to invoke the discretion under Sec.439 of the Cr.P.C. in favour of the petitioner now. I am satisfied that in a case like this the Investigator must be given further time to complete the investigation. 6. In the result, this bail application is dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 19/3/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 1522 of 2008 -: 3 :-