IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 174 of 2008() ---------------------------- CRIME NO. 555/07 OF WADAKANCHERRY POLICE STATION PETITIONERS/A1 TO 3 & 5 ----------------- 1. SHIFAS,S/O.ABDULLA,MUKUNNAMCHALIL HOUSE, PALAKKUTTY DESOM,KODUVALLY VILLAGE,KOZHIKODE. 2. MUHAMMED SHANU,S/O.RASHED,CHELAKUNNUMMEL HOUSE,PALAKUTTY DESOM,KODUVALLY,KOZHIKODE. 3. ARAFATH,S/O.ABDULLA,CHOLAKANNUMMEL HOUSE,PALAKUTTY DESOM,KODUVALLY VILLAGE,KOZHIKODE. 4. SHAMIN,S/O.SULAIMAN,SIDHIKUNNEL HOUSE, PALAKUTTY DESOM,KODUVALLY VILLAGE,KOZHIKODE. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ENRNAKULAM, REPRESENTING THE C.I OF WADAKANCHERRY POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, A/W. BA 185 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 174 & 185 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2008 O R D E R These applications are for regular bail. B.A. 185 of 2008 is filed by the second accused in Crime No.556 of 2007 of Wadakkancherry police station, who is the third accused in Crime No.555 of 2007 of the same police station. He, along with the co-accused, i.e. accused Nos.1, 2 and 5, has filed B.A. 174 of 2008. 2. On 31.12.2007 the Wadakkancherry police arrested five accused persons allegedly under suspicious circumstances. Crime 555 of 2007 has been registered after effecting arrest under Section 41(1)(d) Cr,.P.C. Interrogation of the accused revealed the complicity of the accused in Crime No. 375 of 2007 of Koduvally police station. Crime 555 of 2007 has hence been transferred to Koduvally police station, where crime 375 of 2007 has already been registered on 25.12.2007. B.A.Nos. 174 & 185 of 2008 2 2. Interrogation of the accused further revealed their complicity in another crime, in respect of which no crime has by then been registered. Crime 556 of 2007 is registered in respect of that allegation. That crime in turn relates to an incident which took place at Koduvally and Wadakkancherry police has now transferred Crime 556 of 2007 and registered Crime 3 of 2008 of Koduvally police station. The petitioners have been shown as arrested in Crime Nos. 555 and 556 of Wadakkancherry police station, which crimes have now been transferred to Koduvally police station. The Koduvally police have applied for custody of the petitioners after recording their formal arrest. No orders have been passed in those applications, it is submitted. Orders are expected very shortly. 3. The learned counsel for the petitioners submits that the crime has been registered on the basis of the alleged confession statement of one accused, the first accused, who happens to be a juvenile and who has been enlarged on bail. The learned counsel prays that the petitioners may also be enlarged on bail. B.A.Nos. 174 & 185 of 2008 3 4. The learned Prosecutor opposes the applications. Allegations are serious, which relate to offences punishable under Sections 457 and 380 I.P.C. The petitioners have to be subjected to interrogation. They may not be granted bail at this stage. After they are remanded by the learned Magistrate in Crime No.3 of 2008 of Koduvally police station and Crime No.375 of 2007 of that station the question of grant of bail to the petitioners can be considered. At the moment they may not be enlarged on bail, submits the Prosecutor. 5. I find merit in the opposition. I am satisfied that the petitioners cannot and need not be granted regular bail at this stage. I expect the Investigating Officer in Crime Nos.3 of 2008 and 375 of 2007 to take emergent steps to complete the investigation in those crimes. 6. These applications are, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 24.1.2008. The Investigators B.A.Nos. 174 & 185 of 2008 4 shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm