IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2439 of 2008() ----------------------------- MP.1430/2008 of J.M.F.C.,PERUMBAVOOR CRIME NO.335/08 OF PERUKMBAVUR POLICE STATION .................... PETITIONERS/ACCUSED: ------------------------------------- 1. SAJI @ PARIPPALLY SAJI, LISSIE MANDIRAM, CHERUNNIYOOR DESOM, CHERUNNIYOOR VILLAGE, VARKALA NOW RESIDING AT K.K.VIHAR, MAILADUMPARA DESOM, PARIPPALLY VILLAGE, KOLLAM DISTRICT. 2. VIJAYAKUMAR, S/O.VASUDEVAKURUP, KUNNUVILA VEEDU, NILACKA MUKKU DESOM, VAKKOM VILLAGE, NOW RESIDING AT SUMA MANDIRAM, KADAKKAVOOR DESOM, KADAKKAVOOR VILLAGE. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENTS: COMPLAINANTS: -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PERUMBAVOOR POLICE STATION, KOLLAM DISTRICT. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 2439 of 2008 ------------------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for regular bail. The petitioners are accused 3 and 4. Altogether, there are 4 accused persons. They face allegations in a crime registered, inter alia, under Sec.397 of the IPC. The alleged incident took place on 28/2/08. The de facto complainant, who had withdrawn an amount of Rs.5 lakhs from the bank, was attacked and the amount of Rs.5 lakhs was robbed after inflicting the injuries on him as he was about to enter his house. In the FIR, the miscreants are not named. In the course of investigation, the complicity of the 4 accused persons has been ascertained. Accused 1, 3 and 4 have been arrested. The petitioners who are accused 3 and 4 were arrested on 15/3/08. They continue in custody from that date. The learned counsel for the petitioners prays that the petitioners, who have remained in custody from 15/3/08, may B.A. No. 2439 of 2008 -: 2 :- now be enlarged on bail. 2. The learned Public Prosecutor opposes the application. The allegations are serious. The petitioners have criminal antecedents. Recovery of part of the booty has already been effected on the basis of the confession statements of the petitioners. The 2nd accused remains to be arrested. In a serious crime like this, the petitioners may not be granted bail, prays the learned Public Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that it is too early to consider the release of the petitioners on bail. 4. This petition is accordingly dismissed; but I may hasten to observe that the petitioners shall be at liberty to move this Court or the courts below for bail again at a later stage of the investigation – not, at any rate, prior to 16/5/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 2439 of 2008 -: 3 :-