IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1464 of 2008() ----------------------------- CRIME NO.15/08 OF CHAVAKKAD POLICE STATION .............. PETITIONER : ----------------- HANEEFA, S/O.MOIDEEN, NAINAN VEEDU THIRUVATHRA E.M.S. NAGAR, MANATHALA VILLAGE CHAVAKKAD, THRISSUR. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1464 of 2008 ------------------------------------------------- Dated this the 10th day of March, 2008 ORDER Application for regular bail. The petitioner is the 1st accused. Altogether, there are 3 accused persons. The alleged incident took place on 8/1/08. The crime is registered alleging offences punishable, inter alia, under Sec.307 of the IPC. The petitioner was arrested on 26/2/08. Political animosity is the alleged motive. There is one injured person who belongs to N.D.F. The petitioner allegedly owes allegiance to the C.P.I.(M). The petitioner was arrested on 26/2/08. He continues in custody from that date. The co- accused i.e., A2 and A3, who were arrested on 8/2/08, have been enlarged on bail as per the order dated 29/2/08 passed by this Court in B.A.No.1225/08. The petitioner remains in custody from 26/2/08. B.A. No.1464 of 2008 -: 2 :- 2. The learned counsel for the petitioner prays that the petitioner may be enlarged on bail on identical conditions as were imposed on the co-accused. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the State is obliged to oppose the application for regular bail filed by the petitioner considering his criminal antecedents. He is accused in many other cases including the case registered under Sec.302 of the IPC. Investigator, in a serious crime like this, may be given reasonable further time to complete the investigation. The mere fact that the co-accused, who were arrested on 8/2/08, were ordered to be released on bail by order dated 29/2/08 may not be reckoned as a sufficient circumstance to justify the claim for regular bail of the petitioner who was arrested on 26/2/08 now. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. Considering the nature of the crime and the antecedents of the petitioner, I am satisfied that there is merit in the opposition by the learned Public Prosecutor. The Investigator deserves to be granted some further time to complete the investigation. 5. In the result, this bail application is dismissed. But I may hasten to observe that the petitioner shall be at liberty to B.A. No.1464 of 2008 -: 3 :- move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 19/3/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge