IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1055 of 2008() ----------------------------- CMP.824/2008 of J.M.F.C.,KASARAGOD CRIME NO.36/08 OF MANJESHWAR POLICE STATION .................... PETITIONERS/ACCUSED NOS. 1 TO 3 ------------------------------------------------ 1. ABDULLA ASLAM @ SALAM, S/O. ABDUL RAHMAN, AGED 25, MUSTHAFA MANZIL, KUNJATHUR. 2. MUHAMMED RAFEEQUE, S/O. K.M.USMAN, AGED 21, MOOSA HOUSE, IRSHAD NAGAR, UDYAVAR GRAMAM. 3. RIYAS @ ABOOBACKER SIDDIQ, S/O. ADAM KUNHU, AGED 23, K.A.MANZIL, IRSHAD NAGAR, UDYAVAR GRAMAM. BY ADV. SRI.SOJAN MICHEAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1055 of 2008 ------------------------------------------------- Dated this the 26th day of February, 2008 ORDER Application for regular bail. The petitioners are accused 1 to 3 in a crime registered under Sec.395 of the IPC. The alleged incident took place on the early hours of 31/1/08. Lorries coming from outside the State were stopped on the highway coming into the State and amounts were illegally extracted from the drivers of such vehicles. Many vehicles coming into the State were so stopped, threatened and amounts forcibly collected from them. Such activities mostly go without any complaint. One of the drivers, after suffering such incident and extraction, saw a police patrol jeep proceeding. He stopped them and made a complaint. The police party swung into action immediately. The complainant was asked to enter the vehicle and they proceeded to the scene B.A. No. 1055 of 2008 -: 2 :- of the crime. The miscreants were continuing their illegal activity. Another vehicle was stopped and amounts were being extracted. Seeing the police party, the miscreants ran helter- skelter . One of them, who fell in the course of his attempt to escape, was intercepted. He was interrogated. The names of the cohorts were ascertained from such person. An F.I.R. was lodged at the local Police Station. Two more of the accused were arrested. Two more remain to be apprehended. Investigation is in progress. All the three petitioners were arrested on 31/1/08. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The petitioners, who have remained in custody from 31/1/08, may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The seriousness of the allegations may be taken into consideration. The nature of the data collected may also be taken note of. At any rate, in a serious crime like this, the Investigator is entitled for further time to complete the investigation. The co-accused have not been arrested yet. The petitioners may not be enlarged on bail at this early stage, it is prayed. 4. I have considered all the relevant inputs. At my request B.A. No. 1055 of 2008 -: 3 :- the Case Diary was placed before me for my perusal. I have perused the same. I find merit in the opposition by the learned Public Prosecutor. I am not persuaded to agree that the discretion under Sec.439 of the Cr.P.C. can or ought to be invoked in favour of the petitioners now. This, I am not satisfied, is a fit case where the discretion under Sec.439 of the Cr.P.C. can be invoked in favour of the petitioners. The Investigator must be given further time to complete the investigation. 5. In the result, this bail application is dismissed. But I may hasten to observe that the petitioners shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 11/3/08. 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. 1055 of 2008 -: 4 :-