IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 439 of 2008() ---------------------------- Cr.No.35/08 OF TALIPARAMBA POLICE STATION, KANNUR DT. : PETITIONER/ACCUSED NO.1 ---------------------------------------- K.M.ZAKARIYA, S/O. IBRAHIM, AGED 24 YEARS, KOZHUKKAL MADATHIL HOUSE, PERUVANNA, KOVVERI AMSOM, CHAPPARAPPADAVAL DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, TALIPARAMBA POLICE STATION, KANNUR DISTRICT. (CRIME NO.35/08 OF TALIPARAMBA POLICE STATION, KANNUR DISTRICT),REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.439 of 2008 ------------------------------------- Dated this the 25th day of January, 2008 ORDER Application for regular bail. Petitioner is the 1st accused in a crime registered for offences punishable, inter alia, under Section 324 and 308 r/w 149 I.P.C. Petitioner belongs to the IUML and the victim belongs to the C.P.M. The alleged incident took place on 12.01.08. The defacto complainant who was a passenger in the bus was dragged out of the bus and attacked. The petitioner was arrested on 15.01.08. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has been falsely implicated merely because of political animosity. The petitioner may be enlarged on bail now, it is prayed. 3. The learned Public Prosecutor opposes the application. The allegations reveal a gruesome crime. Investigation is not complete. There is tense law and order situation in the locality. In these circumstances, the petitioner may not be enlarged on bail, submits the learned Public Prosecutor. B.A.No.439 of 2008 2 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor . I am satisfied that the discretion under Section 439 Cr.P.C cannot and need not be invoked in favour of the petitioner. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioner 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 04.12.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-