IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 Bail Appl..No. 601 of 2008() ---------------------------- CR.NO.315/07 OF PAYANGADI POLICE STATION , KANNUR. PETITIONER/ACCUSED ----------------------------------- ANEESH K.V., S/O.KRISHNAN, AGED 23 YEARS, KANNOME, EZHOME AMSOM, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT ------------------------ STATION HOUSE OFFICER, PAYANGADI POLICE STATION, KANNUR DISTRICT (CRIME NO.315/07 OF PAYANGADI POLICE STATION, KANNUR DISTRICT) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.601 OF 2008 ------------------------------------------------- Dated this the 6th day of February, 2008 ORDER Application for regular bail. The petitioner faces allegations in a crime registered under Secs.302 and 376 read with Sec.511 of the IPC. 2. A young lady aged about 35 years married and childless, had gone to the local ration shop on 18/10/07; but she did not return. On 19/10/07 her dead body was found in a bush on the way. There were indications to suggest that she was subjected to sexual assault. No immediate clues were available. The Investigating Officer appears to have undertaken a thorough investigation. In the course of investigation, he realised that the petitioner was a person who was in the habit of misbehaving and attempting to sexually assault women in the locality. The needle of suspicion was B.A. No.601 OF 2008 -: 2 :- directed at him. He was interrogated. It was realised that he had an unexplained and sutured injury on his person. He was subjected to close interrogation. He was arrested. He allegedly confessed to the crime. The unexplained injury in the mouth under the tongue was suffered at the hands of the deceased who tried to save herself. The petitioner had no explanation for the injury. The weapon – a heavy stone used for the infliction of the injury as also the purse which the deceased was carrying at the relevant time were traced on the basis of confession statement of the petitioner. There are other circumstances including the identification by a person who saw the petitioner leaving in a hurry from the scene of the crime. This is also relied on by the Investigator. The petitioner was arrested on 11/12/07. Investigation is in progress. He continues in custody from the date of his arrest. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The police is trying to make vexatious and false allegations against the petitioner in an attempt to claim credit for resolving the crime. The petitioner, B.A. No.601 OF 2008 -: 3 :- who has remained in custody from 11/12/07, may not be enlarged on bail, prays the learned counsel for the petitioner. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations are very serious and grave. Satisfactory indications have been collected pointing to the complicity of the petitioner. At this early stage of the investigation, the petitioner may not be granted bail. Release of the petitioner on bail would hamper the smooth course of the investigation. In a serious crime like this, the Investigator may be granted reasonable further time to complete the investigation, prays the learned Public Prosecutor. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am not persuaded to invoke the discretion under Sec.439 of the Cr.P.C. at this stage in favour of the petitioner. Investigator, in a serious crime like this, I agree with the learned Public Prosecutor, is certainly entitled for reasonable further time to complete the investigation. 6. In the result, this bail application is dismissed. But I B.A. No.601 OF 2008 -: 4 :- 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 20/2/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge