IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Bail Appl..No. 506 of 2008() ---------------------------- BA.43/2008 of J.M.F.C.-I,THRISSUR CRIME NO.29/08 OF THRISSUR EAST POLICE STATION .................... PETITIONER : ACCUSED NO.4: ------------------------------ KOCHUMON, S/O.BHASKARAN, AGED 28 YEARS, SUMESH BHAVAN, VENMANI VILLAGE, CHAMAKAVE DESOM, ALAPPUZHA DISTRICT. BY ADV. SRI.AJITH MURALI RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.506 of 2008 ------------------------------------- Dated this the 30th day of January, 2008 ORDER Application for regular bail. Petitioner is the 4th accused in a crime registered under Section 399 r/w 34 I.P.C. When the police intercepted a gang of 5 persons on 11.01.08, one of them escaped from the scene, but the other 4 were apprehended. Police, from the available inputs, sailed to the conclusion that the accused were preparing to commit dacoity and the police arrested accused 1 to 4. The petitioner continues in custody along with the arrested co-accused from 11.01.08. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has no criminal antecedents whatsoever. The investigators have received sufficient time to complete the investigation. The petitioner may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not compete. Though the petitioner is not shown to have any criminal antecedents, the other accused persons who were B.A.No.506 of 2008 2 arrested along with him are shown to have a history of criminal past. They are involved in many crimes. The available indications convincingly suggest that all the accused persons were functioning as a gang of criminals and were preparing to commit dacoity. 4. I have considered all the relevant inputs. While I find merit in the submission of the learned Public Prosecutor that the investigator may be given reasonable further time, I am satisfied, that the petitioner who is not shown to have any criminal antecedents need not be directed to remain in custody endlessly. Granting sufficient time to the investigator to complete the investigation, the petitioner can, I am satisfied, be released on bail subject to appropriate safeguards. I make it clear that the grant of regular bail to the petitioner cannot be reckoned as a circumstance justifying the claim for bail of the co-accused who have criminal past. 5. In the result, this application is allowed. The petitioner shall be released on bail on the following terms and conditions. i) The petitioner shall not be released on the strength of this order prior to 13.02.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; B.A.No.506 of 2008 3 ii) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays, Wednesdays and Fridays for a period of 3 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. (R.BASANT, JUDGE) rtr/-