IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2714 of 2008 -------------------------------------- (CRIME NO. 108/2008 OF PATTAMBI POLICE STATION CMP.1467/2008 of J.M.F.C., PATTAMBI) .................... PETITIONER/ACCUSED ---------------------------------- SHYJU, S/O.RAMAN @ APUTTY, MELEPURATH VEEDU, EDAPPALAM, VILAYOOR, PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: STATE --------------------------------- THE STATE OF KERALA, REP. BY THE CIRCLE INSPECTOR OF POLICE, PATTAMBI POLICE STATION - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2714 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER Application for regular bail. Petitioner is the 1st accused. Altogether there are 2 accused persons. Accused are brothers. Patricide is the offence alleged against them. Their father was a chronic alcoholic. He was treated for de-addiction. On 21.03.08, he allegedly met with his death. His dead body was packed in a sack and dumped in a river. Investigation revealed the complicity of the petitioner and his brother who were present on 21.03.08 and had started absconding thereafter. In the course of the investigation, the petitioner was arrested on 03.04.08; even though the petitioner has a case that he was taken into custody as early as on 31.03.08 when he returned from Dubai. The co- accused has not been arrested yet. He is still in Dubai. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In any view of the matter even going by the alleged confession statement of the petitioner, the petitioner's mother was attacked and it was in the course of an attempt to save the mother that the alleged incident occurred. The learned counsel for the petitioner, in these circumstances, prays that the petitioner may now be enlarged on bail. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations are B.A.No.2714 of 2008 2 serious. The conduct of the petitioner and the co-accused dumping the dead body in the river and the manner of disposal speak volumes against the present version advanced by the petitioner. According to the learned Public Prosecutor, the investigator has no case whatsoever that the mother was attacked by the deceased. 4. Be that as it may, I am satisfied that, there is merit in the opposition by the learned Public Prosecutor. I find force in the submission of the learned Public Prosecutor that it is too early to consider the release of the petitioner to on bail. In coming to this conclusion, I have taken note of the nature of the allegations, the manner of disposal of the dead body, the data collected and the stage of the investigation. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation 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 16.05.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/- B.A.No.2714 of 2008 3