IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Bail Appl..No. 2318 of 2008() ----------------------------- CMP.2051/2008 of J.M.F.C.,VARKALA CRIME 211/08 OF VARKALA POLICE STATION .................... PETITIONER : ----------------- HIDUR MUHAMMED,S/O.SAINULABDEEN, OLIPPUVILA VEEDU,REGHUNADHAPURAM, CHERUKUNNAM DESOM,VARKALA VILLAGE. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 2318 OF 2008 ```````````````````````````````````````````````````` Dated this the 10th day of April, 2008 O R D E R Application for regular bail. Petitioner is the 3rd accused. Altogether there are seven accused persons. The accused persons face allegations in a crime registered alleging offences punishable, inter alia, under sections 308 and 324 read with 149 IPC. Allegations have been further raised under section 27 of the Arms Act. The alleged incident took place on 31.3.08. All the seven accused persons are named in the FIR. The petitioner is specifically named. He was arrested on 1.4.08. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has been arrayed as an accused without any valid reason. In these circumstances, it is prayed that the petitioner may be granted regular bail BA.2318/08 : 2 : now. 3. The learned Public Prosecutor opposes the application vehemently. The learned Public Prosecutor submits that a careful reading of the FIR does show the contumacious involvement of the petitioner. In a case where allegations are raised under section 149 IPC, it is unnecessary to look for specific overt acts. From the circumstances available in this case, the conclusion is inevitable that all the accused persons were acting in furtherance of their common object at the relevant point of time. The learned Public Prosecutor has taken me through the averments in the FI Statement which do themselves show the contumacious and culpable involvement of the petitioner and shows clearly that the petitioner was a member of the unlawful assembly along with the other co-accused. 4. Having considered all the relevant inputs, I find the opposition of the learned Public Prosecutor to be absolutely justified. The victim has suffered as many as three fractures. BA.2318/08 : 3 : It is revealed from the wound certificate. I am satisfied, in these circumstances, that there is merit in the opposition of the learned Public Prosecutor. Investigators in a serious crime like this are certainly entitled for further time to complete the investigation. 5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioners 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 21.4.08. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks