IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND JANUARY 2007 / 12TH PAUSHA 1928 Bail Appl..No. 8012 of 2007() ----------------------------- CMP.5473/2007 of J.M.F.C.-III,PALAKKAD CRIME NO.108/07 OF MALAMPUZHA POLICE STATIOIN .................... PETITIONER : ACCUSED NO.1: ------------------------------ PAVITHRA DAS, AGED 35 YEARS, S/O.HARIDAS, THOTTAPURA, AKATHETHARA P.O., PALAKKAD DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 8012 OF 2007 ------------------------------------------------- Dated this the 2nd day of January, 2008 ORDER Application for regular bail. The petitioner faces allegations in a crime registered, inter alia, under Sec.307 of the IPC. The alleged incident took place on 30/10/07. Altogether, there are 5 accused persons. The petitioner is the 1st accused. It was an incident of political violence. The petitioner belongs to the CPI(M) and the victim belongs to the B.J.P. The victim has suffered serious injuries – six in number. The petitioner is accused in seven other crimes also. Investigation is in progress. Final report has not been filed. All the other accused have been arrested except the 3rd accused who is at large. All others also remain in custody. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He has been brought on the array B.A. No. 8012 OF 2007 -: 2 :- of parties by the police yielding to the pressure from the opposition group. The petitioner, who has remained in custody from 26/11/07, may now be enlarged on bail. He had dutifully surrendered before the court on 26/11/07 on coming to know of the initiation of the proceedings against him, submits the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations do reveal serious offences. A tense law and order situation prevails in the locality. Investigation is not complete. The nature of the crime, the motive for the crime as also the criminal antecedents of the petitioner oblige the State to oppose the application, notwithstanding the fact that the incident had taken place on 30/10/07 and the petitioner had surrendered to custody on 26/11/07. The Investigator, in a serious crime like this, may be given reasonable further time to complete the investigation, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I am satisfied that there is merit in the opposition by the learned Public Prosecutor. I am satisfied that the Investigator in such crime deserves to be granted reasonable further time to complete the investigation. B.A. No. 8012 OF 2007 -: 3 :- 5. 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 14/1/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge