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. 2520 of 2008() ----------------------------- CRIME NO. 150/08 OF NADAKKAVU POLICE STATION CMP.1541/2008 of J.M.F.C.-IV,KOZHIKODE .................... PETITIONER/ACCUSED NO.1 ---------------------------------------- C.SAJI, S/O.SAMIKUTTY, 38/08, CHERUVALATH HOUSE, PANTHEERANKAVU, OLAVANNA AMSOM, KOZHIKODE DISTRICT. BY ADV. SMT.T.KAMALA MENON RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTING THE S.H.O., NADAKKAVU POLICE STATION, KOZHIKODE, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR 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. 2520 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of May, 2008 O R D E R Application for regular bail. The petitioner is the first accused. Altogether there are five accused persons. They face allegations in a crime registered under Section 395 I.P.C. The alleged incident took place on 26/3/2008. The 4th accused is a woman. She had given a telephone call to the defacto complainant. He, as requested by her, got into a car in which she was present. The other accused, in prosecution of their earlier design, allegedly got into the car and took the defacto complainant to task. He was assaulted. His belongings were taken away. His ATM card was taken and using that amounts were withdrawn from the account. No accused was named in the F.I.R. In the course of the investigation, the complicity of the petitioner was ascertained. He was arrested on 30.3.2008. In the course of the investigation it was revealed that the petitioner was B.A.No. 2520 of 2008 2 involved in identical crimes in collusion with the 4th accused earlier also. 2. The learned counsel for the petitioner submits that the petitioner is remaining in custody from 30.3.2008. He may now be granted regular bail. 3. The learned Prosecutor vehemently opposes the application. In the facts and circumstances of the case, the petitioner may not be enlarged on bail. The Investigators may be given reasonable further time to complete the investigation, submits the learned Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am satisfied that at this early stage of investigation, the petitioner is not entitled to be released on bail. The Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. 5. This application is, in these circumstance, dismissed. But I may hasten to observe 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 16.5.2008. The Investigators B.A.No. 2520 of 2008 3 shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm