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. 1413 of 2008() ----------------------------- AGAINST THE ORDER DATED 15/02/2008 IN CRMP. 555 /2008 IN CRMP.556/2008 of DISTRICT COURT, PALAKKAD CRIME NO.288 OF 2007 OF NATTUKAL POLICE STATION .................... : PETITIONERS/ACCUSED NO.1 AND 2 ----------------------------------------------- 1. ASSAINAR ALIAS ASSAINU, AGED 40 YEARS, S/O.KUNHIPPA HAJI, ALAKKAL HOUSE, BHEEMANAD, KODAKKAD MANNARKAD TALUK, PALAKKAD DISTRICT. 2. KUTTY HASSAN ALIAS HASSAN, AGED 28 YEARS, S/O.UMMER MANGALAN HOUSE, ALINGAPARAMBA, PULPATTA, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL SRI.V.R.REKESH RESPONDENTS: ------------- 1. THE STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, MANNARKAD. BY PUBLIC PROSECUTOR SRI.JAI GEORGE 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.1413 of 2008 ------------------------------------- Dated this the 11th day of March, 2008 ORDER Application for regular bail. Petitioners are accused 1 and 2. Altogether there are 4 accused persons. Except the 3rd accused, all the other accused have by now been arrested. Deceased was found missing from 12.12.07. On 15.12.07, the crime was registered under the caption `man missing'. On 18.12.07, the dead body of the deceased with injuries suffered by it was found abandoned in a rubber plantation within the jurisdiction of another police station. Section was altered. Investigation continued under Section 302 I.P.C. The 4th accused was traced. It was revealed that the deceased was called to the house of the 4th accused in furtherance of the common design of all the accused. There he was attacked with dangerous weapons. He suffered injuries and succumbed to the injuries. Thereafter the dead body was removed from the house of the 4th accused and abandoned in a rubber plantation. Prior animosity is the alleged motive. The deceased as well as accused 1 and 2 were real estate dealers. There was some disagreement on certain transaction between the 1st and 2nd accused on the one side and the deceased on the B.A.No.1413 of 2008 2 other. It is this animosity that had persuaded accused 1 to 4 to act in consort, induce the deceased to go to the house of the 4th accused and indulge in culpable acts resulting in the death of the deceased. The petitioners were arrested on 01.02.08. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. He prays that the petitioners may now be enlarged on bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that available indications clearly suggest the complicity of the petitioner. At any rate, investigators in a serious crime like this are entitled for further time to complete the investigation. The petitioners may not be granted regular bail at this early stage of investigation, submits the learned Public Prosecutor. 4. I have considered all the relevant inputs. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that in a serious crime like this the investigator must be given further time to complete the investigation. B.A.No.1413 of 2008 3 5. This application for regular bail is, in these circumstances, dismissed. I may hasten to observe that the dismissal of this petition will not in any way fetter the right of the petitioners to approach this Court or court below for bail again at a later stage of the investigation - not, at any rate, prior to 25.03.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-