IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 686 of 2008() ---------------------------- CMP.7973/2007 of J.M.F.C., KAYAMKULAM CRIME NO.571/2007 OF KAYAMKULAM POLICE STATION .................... : PETITIONER/ACCUSED NO.1 ---------------------------------------- LIJI UMMEN, S/O.K.THOMAS, EBANEZAR PUTHENVEEDU, PONAKAM MURI, THEKKEKARA VILLAGE, MAVELIKKARA. BY ADV. SRI.AJITH MURALI RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.686 of 2008 ---------------------------------------- Dated this the 6th day of February 2008 O R D E R Application for regular bail. The petitioner is the first accused. He faces allegations in a crime registered under Sections 120(B) and 302 I.P.C. The crux of the allegations against the accused persons is that accused 9 and 10, who had animus against the deceased, conspired to liquidate the deceased. They, through accused 11, had allegedly engaged accused 1 to 8 who forcibly abducted the deceased and caused his death and ensured clandestine disposal of the dead body. In the course of the investigation, the petitioner was arrested on 19/11/2007. Investigation is in progress. Final report has not been filed yet. According to the prosecution, the petitioner is a person who has questionable criminal antecedents. As many as 24 crimes including a crime under Section 302 I.P.C have been registered against the petitioner. The petitioner, it is alleged, is part of a gang of criminals, who receive money and undertake such criminal activities. 2. The learned Public Prosecutor opposes the application for regular bail vehemently. In a serious crime like this, the B.A.No.686/08 2 investigating officer may be granted reasonable further time to complete the investigation, submits the learned Public Prosecutor. 3. Having considered all the relevant inputs, I am satisfied that there is merit in the opposition by the learned Public Prosecutor. It is too early to consider the prayer of the petitioner to release him on bail. The investigating officer must be granted reasonable further time to complete the investigation, I am satisfied. 4. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court for bail again at a later stage of the investigation not, at any rate, prior to 20/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. 5. I make it clear that the dismissal of this petition or the above direction shall not, in any way, fetter the rights of the petitioner to claim bail by default under the proviso to Section 167(2) Cr.P.C, if the final report is not filed by then. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.686/08 3 B.A.No.686/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007