IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2435 of 2008() ----------------------------- CRIME NO.250/08 OF CHAVAKKAD POLICE STATION PETITIONER : ACCUSED NO.1 ----------------------------- RAMACHANDRAN, S/O.NARAYANAN CHERAKKAL HOUSE, NELLAYA, CHERPULASSERY PALAKKAD DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING S.I. OF POLICE CHAVAKKAD POLICE STATION. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2435 of 2008 ------------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for regular bail. The petitioner is the 1st accused. He faces allegations in a crime registered, inter alia, under secs.420 and 380 of the IPC. The alleged incident took place on 27/3/08. There are altogether 6 accused persons. The petitioner is the 1st accused. All the six, pretending to be the officials of the Income Tax department, had gone to the house of the de facto complainant who was having some improper business in silver. They induced the de facto complainant to be believe that they are Income Tax officials. They took away a large quantity of silver – 120 Kgs. worth about Rs.10 lakhs to their car. Accused 1 and 2 stayed back in the house and attempted to negotiate with the de facto complainant that if bribe were paid, they would return the B.A. No. 2435 of 2008 -: 2 :- seized article. Doubts were aroused and the de facto complainant cried aloud. He ensured that A1 and A2 were detained in his house. Others escaped with the booty. Accused 1 and 2 were handed over to the police. A crime has been registered. Except accused 1 and 2, other 4 accused had not been arrested so far. The booty has not been recovered. Investigation is in progress. 2. The learned counsel for the petitioner prays that the petitioner, who has remained in custody from 27/3/08, may now be enlarged on bail. 3. This prayer is stoutly opposed by the learned Public Prosecutor. He submits that release of the petitioner at this early stage would hamper the smooth course of the investigation. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. Notwithstanding the fact that the petitioner has remained in custody from 27/3/08, considering the nature and gravity of the allegations and the stage of the investigation, I am satisfied that the petitioner does not deserve to be enlarged on bail now. 5. In the result, this petition is dismissed; but I may hasten B.A. No. 2435 of 2008 -: 3 :- to observe that the petitioner shall be at liberty to move this Court for bail against at a later stage of the investigation – not, at any rate, prior to 16/5/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge