IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2083 of 2008() ----------------------------- CMP.1746/2008 of J.M.F.C.,MAVELIKKARA CRIME NO.391/07 OF MAVELIKKARA POLICE STATION .................... PETITIONER : ACCUSED NO.1 ----------------------------- JOMY K.JOHNSON, S/O.K.G.JOHNSON NELLITHANATH, KOLLAMANVILA JOMI BHAVAN EDAMULAKKAL P.O., KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA THROUGH THE CIRCLE INSPECTOR OF POLICE, MAVELIKKARA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2083 of 2008 ------------------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for regular bail. The petitioner faces allegations in a crime registered alleging offences punishable under Secs.307 and 324 of the IPC. The petitioner is the 1st accused. Altogether, there are two accused persons. The alleged incident took place on 26/8/07. The petitioner had come to this Court earlier with an application for anticipatory bail. That petition was dismissed vide order dated 26/2/08 in B.A.No.1077/09. The 2nd accused had come to this Court for regular bail. The same was initially dismissed by an order in B.A.No.5994/07. Later, after the petitioner continued in custody for a long period of time, he was granted regular bail as per the order dated 31/10/07 in B.A.No.6614/07. Investigation is not complete yet. The petitioner was arrested B.A. No. 2083 of 2008 -: 2 :- and continues in custody from 14/3/08. 2. The learned Public Prosecutor submits that at present there are only two accused on the array. The learned counsel for the petitioner submits that the petitioner, who has remained in custody from 14/3/08, may now be enlarged on bail. 3. The learned Public Prosecutor opposes the application vehemently. The injured has suffered very serious injuries. Even now his treatment is not complete. He is practically disabled. The Investigator has not received sufficient time after the arrest of the petitioner to complete the investigation. The fact that the 2nd accused has been released on bail after he spent a long period in custody may not be reckoned as sufficient or satisfactory reason to concede to the petitioner at this early stage any claim for regular bail, submits the learned Public Prosecutor. 4. Having considered all the circumstances, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that the Investigator, in a case like this, is entitled for reasonable further time to complete the investigation. 5. In the result, this petition is dismissed. But I may hasten to observe that the petitioner shall be at liberty to move B.A. No. 2083 of 2008 -: 3 :- this Court for bail again at a later stage of the investigation – not, at any rate, prior to 18/4/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge