IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 Bail Appl..No. 172 of 2008() ---------------------------- CMP.5670/2007 of J.M.F.C.,ALATHUR CRIME NO.313/2007 OF NENMARA POLICE STATION .................... : PETITIONER/2ND ACCUSED. ---------------------------------------- HAKKIM, S/O.MUHAMMED, AGED 18, ALMUBARAK HOUSE, NEW COLONY, KALMAAAANDAPAM, PALAKKAD. BY ADV. SRI.H.BADARUDDIN RESPONDENTS: ------------- 1. STATION HOUSE OFFICER, NEMMARA POLICE STATION, PALAKKAD DISTRICT. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.172 of 2008 ---------------------------------------- Dated this the 18th day of January 2008 O R D E R Application for regular bail. The petitioner is the second accused in a crime registered alleging the offence punishable under Section 379 I.P.C. The said crime is now being investigated by Pazhayannoor police after re-registering crime No.499/07. The sequence of events is explained by the learned Public Prosecutor as follows: 2. The petitioner and the co-accused (accused 1 and 2) were arrested by the Nenmara police on 01/12/2007 under suspicious circumstances. Crime No.312/2007 of the Nenmara police station was registered. The accused were interrogated. Their interrogation revealed their complicity in other crimes. On the basis of such confession statement in respect of one incident of chain snatching, crime No.313/2007 of Nenmara police station was registered. As the offence in that crime had taken place within the jurisdiction of Pazhayannoor police station, the crime was transferred and the Pazhayannoor police continued the investigation in crime No.499/2007 which was one registered earlier in respect of that occurrence. Investigation is in B.A.No.172/08 2 progress. The petitioner was shown as arrested in crime No.499/07 with effect from 22/12/2007. Investigation is in progress. The petitioner as well as the co-accused are involved in other crimes. They were released on bail in several other crimes; but in this crime investigation is not complete yet. The petitioner continues in custody from 22/12/2007 in this crime though he had come into custody with effect from 01/12/2007. 3. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner is involved in several crimes. Investigation into this crime is not over yet. The investigating officer may be granted reasonable further time to complete the investigation in a serious crime like the instant one. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am not satisfied that the petitioner, who in this crime was arrested only with effect from 22/12/2007, deserves to be enlarged on bail now. I agree with the learned Public Prosecutor that the investigators in a serious crime like this are certainly entitled to further time to complete the investigation. B.A.No.172/08 3 5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail again at later stages of the investigation not, at any rate, prior to 08/02/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.172/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007