IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 Bail Appl..No. 846 of 2008() ---------------------------- CMP.7909/2007 of J.M.F.C., KAYAMKULAM CRIME NO.571/07 OF KAYAMKULAM POLICE STATION .................... : PETITIONER-5TH ACCUSED --------------------------------------- MATHEW VARGHESE, S/O.VARGHESE MATHEW AGED 21, KOCHUPARAMPIL VEEDU, CHRAKKADAVU VILLAGE WARD NO.111, KOIPLLY, KANJIRAPALLY TALUK. BY ADV. SRI.K.R.SUNIL SRI.S.JEEVAKUMAR RESPONDENTS: COMPLAINANT ------------------------ C I OF POLICE, KAYAMKULAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.846 of 2008 ------------------------------------- Dated this the 13th day of February, 2008 ORDER Application for regular bail. Petitioner is accused No.5. Altogether there are 11 accused persons. They face allegations for offences punishable, inter alia, under Sections 120 B and 302 I.P.C. A jaggery merchant from Theni, Tamil Nadu was illegally abducted and taken away by a group of mercenaries in a vehicle. They were allegedly engaged by the business rivals of the victim who were also engaged in identical business. Accused 9 and 10 had allegedly entertained motive against the deceased. They, through accused 11, allegedly engaged accused 1 to 8. An amount exceeding Rs.5 lakhs was paid as price for the mission. The deceased was taken away in the vehicle. The local people who rushed to the vehicle were deterred away. The deceased was assaulted within the vehicle and was done away with. His body was abandoned in a nearby river. The incident of kidnapping took place on 11.08.07. The dead body of the deceased was recovered from the river on 15.08.07. In the course of investigation, the petitioner was arrested on 08.12.07. B.A.No.846 of 2008 2 The crux of the allegations against the petitioner is that he had brought his vehicle. He had substituted the number of the vehicle and fake number was used. He had facilitated the abduction of the deceased in his vehicle. He had driven away the vehicle while the deceased was being attacked and was done away with in the vehicle. He had carried away the dead body of the deceased for disposal to a river in his vehicle. The petitioner was arrested and continues in custody from 08.12.07. Investigation is not complete. All the co-accused have by now been arrested. The learned counsel for the petitioner submits that the petitioner is innocent. He may now be enlarged on bail, it is prayed. 2. The learned Public Prosecutor opposes the application. The allegations are grave. The alleged incident reveals acts of brutality. Seriousness of the crime is certainly a relevant factor while considering the application for regular bail. At any rate, the petitioner may not be enlarged on bail now. The Investigator may be given some further time to complete the investigation. 3. The case diary has been placed before me and perused already when bail applications of other accused were considered. I have gone through the same. Having considered all the relevant inputs, I find merit in the opposition by the learned Public B.A.No.846 of 2008 3 Prosecutor. The contention that the petitioner was innocent and that at any rate he cannot be attributed with responsibility for what transpired in the vehicle driven by him cannot at the moment be accepted. I am satisfied that the investigators are entitled for further time to complete the investigation. 4. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioner shall be at liberty to move this Court or court below for bail again at a later stage of the investigation - not, at any rate, prior to 28.02.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-