IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 205 of 2008() ---------------------------- CRMP.6/2008 of ADDL.C.J.M., ERNAKULAM CRIME NO.722/07 OF ERNAKULAM TOWN SOUTH POLICE STATION .................... PETITIONER/ACCUSED 7 ------------------------------------- JOMON JOSEPH, AGED 20 YEARS, S/O JOSEPH, PARAMBILEKKU HOUSE, EROOR WEST DESOM, NADAMA VILLAGE, ERNAKULAM DIST. BY ADV. SRI.T.K.AJITH KUMAR SRI.P.VINODKUMAR RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA BY THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 205 OF 2008 ------------------------------------------------- Dated this the 16th day of January, 2008 ORDER Application for regular bail. The petitioner is the 7th accused. Altogether, there are 12 accused persons. The accused face allegations in a crime registered for offences punishable, inter alia, under Secs.120B and 302 of the IPC. The gravamen of the allegations against the accused is that they, along with the co-accused, were conspirators, who, on account of prior animosity which the principal accused entertained against the deceased, hatched a conspiracy to do away with the deceased. They formed an unlawful assembly. The members B.A. No. 205 OF 2008 2 of the unlawful assembly were armed with dangerous weapons. They proceeded to the house of the de facto complainant where the deceased happened to be available. They went in two vehicles. The petitioner was one of the conspirators and a member of the unlawful assembly constituted in prosecution of the conspiracy. He was allegedly present at the scene of the crime also. In the F.I.R. registered, the petitioner is not named as an accused. In the course of investigation, his complicity was ascertained. The alleged incident took place on 18/11/07. The petitioner was arrested on 24/11/07. He continues in custody from that date. Some of the co-accused have already been arrested. None of the accused persons, who were allegedly conspirators and who had taken part in the incident, has been released on bail. The petitioner continues in custody from 24/11/07. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He had received a phone call from the 2nd accused. He had no motive whatsoever against the deceased. In these circumstances, B.A. No. 205 OF 2008 3 the allegations that he is the conspirator and that he was a member of the unlawful assembly of persons are not justified. The petitioner, who has remained in custody from 24/11/07, may now be enlarged on bail, it is prayed. The learned counsel for the petitioner further submits that the petitioner is ill. He is afflicted with asthma and was undergoing treatment earlier, it is submitted. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not complete. At this early stage of the investigation the petitioner is not entitled to the invocation of the discretion under Sec.439 of the Cr.P.C. The Investigator may be granted reasonable further time to complete the investigation, prays the learned Public Prosecutor. 4. The applications of the co-accused for regular bail was dismissed as per the common dated 2/1/2008 in B.A.Nos.7881 & 8119/07. I have considered all the relevant inputs. I find the objections raised by the learned Public Prosecutor to be valid. I am not persuaded to B.A. No. 205 OF 2008 4 invoke the discretion under Sec.439 of the Cr.P.C. in favour of the petitioner now. The Investigator in a serious crime like this is entitled for reasonable further time to complete the investigation. 5. If the petitioner is ill, I am certain that the prison authorities shall and must make necessary medical aid/ assistance available to the petitioner. No further or specific directions in this regard appear to be necessary. 6. In the result this bail application is 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 30/1/2008. 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. 205 OF 2008 5