IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 19TH NOVEMBER 2007 / 28TH KARTHIKA 1929 Bail Appl..No. 6969 of 2007() ----------------------------- CRIME NO. 809/07 OF KOTHAMANGALAM POLICE STATION CMP.2330/2007 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONER/ACCUSED: ---------------------------- GIGIN @ GIGI, AGED 33 YEARS, S/O. AYYAPPAN, PAZHUKKALITHANDEL HOUSE, KARUKADOM KARA, KOTHAMANGALAM. BY ADV. SRI.AJEY THOMAS RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH THE INVESTIGATING OFFICER IN CRIME NO.809/07 OF THE KOTHAMANGALAM POLICE STATION). BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 6969 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2007 O R D E R Application for regular bail. The petitioner faces allegations under Section 302 I.P.C. He is alleged to have caused the death of his wife by strangulating her. She was later placed in a water tank. Death occurred on 21.8.2007. Crime was registered under Section 174 Cr.P.C. Complicity of the petitioner was revealed in the course of investigation. He was arrested on 26.8.2007 and he continues in custody from that date. Investigation is not complete. Final report has not been filed. The learned Prosecutor submits that there is no prospect of the final report being filed within 90 days from the date of first remand. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He prays that the petitioner may now be enlarged on bail. 3. The learned Prosecutor opposes the application. He submits that the Investigator deserves to be granted the full B.A.No. 6969 of 2007 2 complement of 90 days to complete the investigation. If the investigation is not completed by then, the petitioner can certainly seek bail by default from the learned Magistrate, submits the learned Prosecutor. He further submits that the available indications and the materials collected do unerringly point to the complicity of the petitioner. 4. I have considered all the relevant inputs. It is not necessary for me to advert to facts in any greater detail. Suffice it to say that I am not persuaded to grant regular bail to the petitioner at this stage. But I may hasten to observe that if within the statutory period of 90 days from the first remand of the petitioner final report is not filed, the petitioner shall be at liberty to approach the learned Magistrate and seek bail by default under the proviso to Section 167(2) Cr.P.C. If necessary thereafter, the petition can approach this Court. 5. With the above observations this application is dismissed. (R. BASANT) tm Judge B.A.No. 6969 of 2007 3