IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 Bail Appl..No. 7957 of 2007() ----------------------------- CMP.8218/2007 of MUN-MAGI COURT, PARAVOOR CRIME 652/07 OF CHATHANNUR POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3 ------------------------------------------- 1. OMANAKUTTAN PILLAI, S/O.GOPALAKRISHNA PILLAI, RASHTRA BHAVANAM, NEDUMPANA CHERRY, NEDUMPANA VILLAGE. 2. AVINASH @ VAVA, S/O.BALAN, REVATHY VILASOM, KATTOOR. 3. SADASIVAN, S/O.KARUNAKARAN, VADAKKEYATTATHU VEEDU, NEDUMPANA CHERRY, NEDUMPANA VILLAGE. BY ADV. SRI.S.RAJEEV RESPONDENTS: STATE ------------------ STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 652 OF 2007 OF CHATHANNORE POLICE STATION). BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 7957 OF 2007 D ```````````````````````````````````````````````````` Dated this the 9th day of January, 2008 O R D E R Application for regular bail. Petitioners are accused Nos.1 to 3. They face allegations in a crime registered under Section 302 read with 34 IPC. The deceased and the 3rd accused had some disputes. On account of this, accused Nos.1 to 3 allegedly entertained animus against the deceased. As required by the 3rd accused, accused Nos.1 and 2 came to the scene of the crime in a motor cycle. The deceased, who was walking along the road, was attacked by all the three of them at about 5 p.m. on 6.12.07. The victim/deceased was attacked with hands and kicked with leg. A helmet was also allegedly used in the course of the incident against the deceased. Though the incident took place on 6.12.07, the deceased was not admitted to the hospital and no complaint was raised till 7.12.07. On 7.12.07 the deceased was got admitted to the BA.7957/07 : 2 : hospital by his wife. Even on 7.12.07, no F.I. Statement was lodged or crime was registered. On 7.12.07 the deceased succumbed to the injuries suffered by him. After his death on 7.12.07 the F.I. Statement was lodged on 8.12.07 by an eye witness of the occurrence. In the F.I. Statement, specific overt acts are seen lodged against accused Nos.1 to 3. Investigation is in progress. Petitioners surrendered before the learned Magistrate on 11.12.07. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. The incident did not take place in the manner alleged by the prosecution at all. There was an altercation in the shop of the 3rd accused in the evening of 6.12.07. The deceased was drunk at that time. The 3rd accused had lodged a complaint before the police on 6.12.07 about that incident. After the death of the deceased, totally false and vexatious allegations are raised against the petitioners. They, who have remained in custody from BA.7957/07 : 3 : 11.12.07, may now be enlarged on bail, prays the learned counsel for the petitioners. The learned counsel for the petitioners specifically points that no dangerous weapons are used for the commission of the crime and even allegedly the overt acts lodged is only kicking, fisting and beating as also use of the helmet for infliction of injuries. In any view of the matter, the petitioners, who have remained in custody from 11.12.07, may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the materials collected so far clearly point to the complicity of the petitioners. Investigators may be given reasonable further time to complete the investigation, prays the learned Public Prosecutor. 4. The case diary has been placed before me for my perusal. I have perused it. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am BA.7957/07 : 4 : satisfied that the investigators must be given reasonable further time to complete the investigation. That dangerous or sharp weapons were not used is by itself not a reason to permit the petitioners to be enlarged on bail at this early stage. 6. In the result, this petition is dismissed. However, I may hasten to observe that the petitioners shall be at liberty to move this court or the Sessions court for bail again at later stages of the investigation not, at any rate, prior to 23/01/2008. The investigator shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks