IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 857 of 2008() ---------------------------- CMP.441/2008 of J.M.F.C.-IV,KOZHIKODE CRIME NO.21/08 OF THE VELLAYIL POLICE STATION .................... PETITIONER/ACCUSED NOS.3 & 4: ---------------------------------------------- 1. PRAVEEN, AGED 28 YEARS, S/O. SIVARAMAN, KURAVANTAKAM PARAMBU, KAMPURAM, PUTHIYANGADI, P.O. WEST HILL, KOZHIKODE DISTRICT. 2. PADMARAJAN, AGED 29 YEARS, S/O. PADMANABHAN, THOTTUMUGHATH HOUSE, KAMPURAM, PUTHIYANGADI, P.O. WEST HILL, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: COMPLAINANT/STATE: ------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 857 OF 2008 ------------------------------------------------- Dated this the 14th day of February, 2008 ORDER Application for regular bail. The petitioners are accused 3 and 4. Altogether, there are 4 accused persons. The crux of the allegations is that the lorry of the de facto complainant was attacked and the amounts and the DVP player from the lorry were removed by the miscreants. The miscreants are not named in the FIR. There is no previous acquaintance for the de facto complainant with the said miscreants. The crime was registered promptly on 21/2/08. The petitioners were arrested on the same night. Recoveries have been effected. Investigation is in progress. The final report has not been filed so far. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They have been B.A. No. 857 OF 2008 -: 2 :- unnecessarily arrested. They have noting to do with the crime. They may, in these circumstances, be granted regular bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not complete. In a serious crime like this, the Investigator may be given reasonable further time to complete the investigation, prays the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. In coming to this conclusion, I have taken note of the nature and gravity of the allegations as also the stage of the investigation. 5. This bail application is accordingly dismissed. But, 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 25/2/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 857 OF 2008 -: 3 :-