IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 Bail Appl..No. 2171 of 2008() ----------------------------- CRMP.556/2008 of DISTRICT COURT, PALAKKAD CRIME NO.288/07 OF NATTUKAL POLICE STATION .................... : PETITIONERS/ACCUSED NO.1 AND 2 ----------------------------------------------- 1. ASSAINAR ALIAS ASSAINU, AGEFD 40 YEARS, S/O.KUNHIPPA HAJI, ALAKKAL HOUSE, BHEEMANAD, KODAKKAD MANNARKAD TALUK PALAKKAD DISTRICT. 2. KUTTY HASSAN ALIAS HASSAN AGED 28 YEARS, S/O.UMMER MANGALAN HOUSE, ALINGAPARAMBA, PULPATTA, MANJERI MALAPPURAM DISTRICT. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SMT.SHEENA SAMUEL RESPONDENTS: ------------- 1. THE STATE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INPECTOR OF POLICE, MANNARKAD. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2171 of 2008 ------------------------------------- Dated this the 8th day of April, 2008 ORDER Second application for regular bail. Petitioners are accused 1 and 2. Altogether there are 4 accused persons. All the other 3 have by now been arrested, but the 3rd accused has not been traced so far. Deceased was found missing from 12.12.07. Crime under the caption `man missing' was registered on 15.12.07. The dead body of the deceased with injuries was found abandoned in a rubber plantation within the jurisdiction of another police station. Investigation continued under Section 302 I.P.C. The petitioners were arrested on 01.02.08. Investigation is in progress. An earlier application for regular bail filed by the petitioners was dismissed as per order dated 11.03.08 in B.A.No.1413 of 2008. The petitioners continue in custody from 01.02.08. The learned counsel for the petitioners submits that the petitioners are innocent. The petitioners were permitted to move this Court for bail again on a later date not at any rate prior to 25.03.08. It is accordingly that this petition is now filed. A lenient view may be taken and the petitioners may be granted regular bail, it is submitted. 2. The learned Public Prosecutor opposes the application even now. The learned Public Prosecutor submits that the B.A.No.2171 of 2008 2 investigation is not complete. The 3rd accused has not been apprehended so far. The vehicle used to convey the dead body from the scene of the crime to the rubber plantation had not been traced so far. Investigation is in progress. In any view of the matter, the petitioners are not entitled for grant of regular bail, submits the learned Public Prosecutor . 3. I find merit in the opposition by the learned Public Prosecutor. I have considered all the relevant inputs. In a serious crime like this the police is entitled for reasonable further time to complete the investigation. I have adverted to facts in detail in the said order. This order must be read in continuation of the said order. I am hence not adverting to facts in any greater detail in this order. Suffice it to say that I find no merit in the prayer for grant of regular bail now. 4. 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 or the courts below for bail again at a later stage of the investigation - not, at any rate, prior to 22.04.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-