IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 Bail Appl..No. 826 of 2008() ---------------------------- CMP.433/2008 of JUDL.MAG.OF FIRST CLASS-I,MANJERI CRIME NO.259/07 OF THE KONDOTTY POLICE STATION .................... PETITIONER/ACCUSED NO.11 ----------------------------------------- ETTUVEETIL NISAM @ NISAMUDHEEN, S/O.MOIDEENKUTTY, PATTAYIL PARAMBU, KANNATTIPADI, VENGARA, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY D.G.P. SRI. P.G. THAMPI. PUBLIC PROSECUTOR SRI. C.K. SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 826 OF 2008 ------------------------------------------------- Dated this the 20th day of February, 2008 ORDER Application for regular bail. The petitioner is the 11th accused. Altogether, there are 12 accused persons. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Secs.120B and 395 of the IPC. The alleged incident took place on 13/2/07. The crime was registered long later on 23/3/07. The crux of the allegations is that the miscreants had entered into a conspiracy to attack the passengers in a Maruthi car who were allegedly carrying Hawala money for distribution in their car. Some of the accused travelled in another car, waylaid the car in which the money was carried, attacked the occupants in the car and decamped with a large amount of cash exceeding Rs.40 lakhs which was allegedly being carried in the car. The victims B.A. No. 826 OF 2008 -: 2 :- obviously could not make a complaint as the money which they were carrying was itself allegedly involved in a crime. They thought that the bosses for whom they were carrying the consignment would settle the scores. They made no complaint and surprisingly the local police did not also allegedly come to know of the crime. No crime was promptly registered. Later, some of the miscreants were apprehended by the police in another District. Their interrogation led to the police gathering information about the present crime. That crime was registered at such Police Station. It was later transferred to the Kondotty Police Station. It was thereafter that investigation started. 2. This Court had occasion earlier to consider bail applications of some of the accused and on the basis of the dissatisfaction expressed by this Court, the investigation has been transferred and relatively senior police officials are investigating into the crime. The petitioner is allegedly the person who played the crucial role in the conspiracy and the commission of the crime. The petitioner did not admittedly take part personally in the commission of the crime. He had allegedly arranged the miscreants to come together and to proceed on the misadventure. The booty was shared with him by the persons who actually took part in the operation. The B.A. No. 826 OF 2008 -: 3 :- petitioner was arrested on 24/1/08. He continues in custody from that date. The petitioner has no identical criminal antecedents though he was allegedly involved in a crime under the Abkari Act earlier. Investigation is not complete. Final report has not been filed. The petitioner continues in custody from 24/1/08. 3. The learned counsel for the petitioner submits that the petitioner is a 22 year old person. He had not admittedly taken part in the actual operation. The allegations against him of his being the brain behind the operation and of his having entered into the conspiracy with other miscreants all are not justified at all. The operation was certainly not planned or executed by the petitioner; but others are evidently involved in such operation. In any view of the matter the petitioner, who remains in custody from 24/1/08, may now be enlarged on bail, submits the learned counsel for the petitioner. 4. The learned Public Prosecutor opposes the application. The allegations are serious. Investigation is not complete. Available indications clearly suggest that the petitioner was an important conspirator, if not the main conspirator. In any view of the matter, the Investigator, in a serious crime like this, deserves to be granted more time to complete the investigation. B.A. No. 826 OF 2008 -: 4 :- The petitioner may not be enlarged at this early stage, submits the learned Public Prosecutor. 5. The Case Diary has been placed before me. I have perused the same. I have considered the submissions made. Having considered all the relevant inputs, I am persuaded to agree with the learned Public Prosecutor that the petitioner is not entitled to be enlarged on bail at this early stage. In a serious crime like the instant one, I agree with the learned Public Prosecutor that the Investigator must be given reasonable time, after the arrest of the accused concerned, to complete the investigation. 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 4/3/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. If the final report is filed before that date, the petitioner shall, of course, be entitled to approach this Court or the courts below for bail again. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 826 OF 2008 -: 5 :-