IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH SEPTEMBER 2007 / 27TH BHADRA 1929 Bail Appl..No. 5561 of 2007() ----------------------------- CRMP.2859/2007 of J.M.F.C.,MALAPPURAM CRIME NO.130/07 OF KOTTAKKAL POLICE STATION .................... PETITIONER: 8TH ACCUSED ---------------------------- PS.THAMPI, AGED 34 YEARS S/O.SRIDHARAN PUTHUVAL STHALATH KUNDANNUR, MARADU.P.O. ERNAKULAM DISTRICT BY ADV. SRI.A.MOHAMMED SRI.PEEYUS A.KOTTAM RESPONDENTS: COMPALAINANT ------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE KOTTAKKAL POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY P.P. SRI.JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 5561 OF 2007 ------------------------------------------------- Dated this the 18th day of September, 2007 ORDER Application for regular bail. The petitioner is the 8th accused. Altogether, there are 10 accused persons. The crux of the allegations against the accused persons, including the petitioner herein, is that they had conspired together to commit the offence in question. They were engaged in the depraved activity of identifying the persons who were carrying large amounts of cash. Such persons were identified, attacked and robbed. On 16/4/07 the accused persons travelling in a vehicle were planning to attack their prey. They had information only about the colour of the shirt which the victim was wearing to identify him and attack him. Unfortunately, the de facto complainant in this case happened to wear a shirt of such colour. The de facto complainant was forcibly taken to B.A. No. 5561 OF 2007 -: 2 :- the vehicle in which the accused were travelling. The vehicle sped away. The police, on information, tried to chase the vehicle. The miscreants realised that the prey caught by them was not the intended prey. He had some little cash and a mobile phone with him. They were taken away. The victim was thrown out of the vehicle. The police chased the vehicle and apprehended the five accused persons. The other 5 took to their heels and could not be arrested. The petitioner/ the 8th accused, is one of those who allegedly escaped before he was apprehended by the police. The incident took place on 16/4/07. Investigation is in progress. The petitioner was arrested on 27/8/07. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner has been brought on the array of the accused and arrested belatedly. In these circumstances, the petitioner, who has remained in custody from 27/8/07, may now be enlarged on bail, prays the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. A serious view is bound to be taken in such offences which shake the confidence of the people in the law and order machinery. In any view of the matter, considering the nature of the allegations B.A. No. 5561 OF 2007 -: 3 :- and the nature of the materials collected so far, the petitioner does not deserve to be enlarged on bail at this stage, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that in a case like the instant one the Investigator is entitled to reasonable further time to complete the investigation. I take note of the submissions made by the learned Public Prosecutor including the further submission made that the petitioner has several crimes to his credit, though such crimes, as pointed out by the learned Public Prosecutor, had taken place not immediately prior to the incident but earlier – about two years prior to the date of occurrence. 5. In the result, this bail application is dismissed. 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 1/10/07. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge