IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 182 of 2008() ---------------------------- CMP.10196/2007 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.914/07 OF KOTTARAKARA POLICE STATION .................... PETITIONERS : ACCUSED 1 AND 2: --------------------------------- 1. DINESH, S/O.NANU, PAZHAUIDATHU HOUSE, PADUVILA, VENGA PANCHAYATH, THALASSERY TALUK, KANNOOR. 2. SANTOSH KUMAR, S/O.KRISHNAN NAIR, MADAVATTOMKAVULLA HOUSE, THAITHARI, THALASSERY TALUK, KASARAGOD. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR, KOTTARAKARA CIRCLE REPRESENTED THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.182 of 2008 ------------------------------------- Dated this the 14th day of January, 2008 ORDER Application for regular bail. Petitioners are accused 1 and 2. They were allegedly persons who transported 2385 litres of spirit in different cans in a secret chamber in a lorry. Accused 1 is the driver and the 2nd accused is a person who accompanied the driver. They were allegedly involved in the illicit import and transportation of spirit to and within the State of Kerala. The petitioners were arrested on 01.12.07. Investigation is in progress. Higher links in the illicit transactions are being traced one after the other. Investigation is in progress. The petitioners continue in custody from 01.12.07. 2. The learned counsel for the petitioners submits that the petitioners are innocent. At any rate, they, who have remained in custody from 01.12.07, may now be enlarged on bail, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. Investigation is not complete. The available indications clearly point to the complicity of the petitioners. It is B.A.No.182 of 2008 2 not as though the petitioners were innocently transporting the said quantity of liquor. The case diary reveals the culpable involvement of the petitioners. They are fully involved in the illicit transaction. At any rate, the petitioners may not be enlarged on bail at this early stage of investigation, submits the learned Public Prosecutor . 4. I find merit in the opposition by the learned Public Prosecutor. I have considered all the relevant inputs and I am not persuaded to invoke the discretion under Section 439 Cr.P.C in favour of the petitioners at this stage. I agree with the learned Public Prosecutor that the investigators in a serious crime like this must be given reasonable time to complete the investigation. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioners shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 28.01.08. The investigators must in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/- B.A.No.182 of 2008 3