IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 Bail Appl..No. 8061 of 2007() ----------------------------- CRIME NO. 145/07 OF KONGAD POLICE STATION CRMP.4330/2007 of DISTRICT COURT, PALAKKAD .................... PETITIONER : 11TH ACCUSED: ------------------------------ K.B.BINOY, S/O.BABY, AGED 30, KUTTIKADAN HOUSE, KAKKATHURUTTHY, IRINJALAKUDA, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA REP. BY THE SUB INSPECTOR OF POLICE, KONGAD POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8061 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of January, 2008 O R D E R Application for regular bail. The petitioner is the 11th accused. Altogether there are 18 accused persons. The alleged incident occurred on 14.1.2004. The defacto complainant, who was travelling in a car with an amount of Rs.8.5 lakhs, was attacked by a group of miscreants, including the petitioner herein. They robbed him of the cash which was carrying. The defacto complainant, not certain whether he will be able to complain, chose not to make any complaint. The crime came to light when a co-accused was arrested and he was interrogated by the police. On the basis of the confession statement of that person, one Sreedharan, this crime has been registered and the same is now being investigated as Crime No.145 of 2007 of Kongad police station. The petitioner was arrested on 4.11.2007 and he continues in custody. B.A.No. 8061 of 2007 2 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The defacto complainant has raised no complaint. One Sreedharan had allegedly made a confession statement and it is on the basis of such confession that the petitioner is being proceeded against. In any view of the matter, the petitioner, who remained in custody from 4.11.2007, may now be enlarged on bail, submits the counsel. 3. The learned Prosecutor opposes the application. He submits that the said Sreedharan is involved in many cases and on his arrest he furnished information to the police about the various crimes he has committed. In some of those cases, the defacto complainant, for various reasons, had not chosen to complain. Investigation has revealed the truth of the confession statement of the said accused that robbery/dacoity has taken place. Accordingly investigation is proceeding. Some of them remain to be arrested. In a serious crime like this the Investigators may be given sufficient time after the arrest B.A.No. 8061 of 2007 3 of the petitioner to complete the investigation. The petitioner may not be enlarged on bail at this stage, submits the Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. He points out that the case of the prosecution is that the petitioner had actually taken part in the culpable operation carried out by the accused under the leadership of the said Sreedharan, who was not present at the scene of the crime. In any view of the matter, considering the gravity of the allegations and the stage of investigation, the petitioner may not be granted regular bail, it is prayed. 5. I am satisfied that the petitioner cannot be enlarged on regular bail now. I find merit in the prayer of the learned Prosecutor that the Investigators may be given sufficient time to complete the investigation. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move B.A.No. 8061 of 2007 4 this court for bail again at a later stage of the investigation, not at any rate, prior to 20.1.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm