IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH SEPTEMBER 2007 / 3RD ASWINA 1929 Bail Appl..No. 5770 of 2007() ----------------------------- CRIME NO.288/2007 OF CHERANELLOOR POLICE STATION .................... : PETITIONER/ACCUSED NO.2 ---------------------------------------- ROMAL S/O.LATE MANNUEL, AGED 21 YEARS, RESIDING AT VARIYATH, KANDANADU, KOTHAD, ERNAKULAM. BY ADV. SRI.K.R.VINOD RESPONDENTS: ------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.5770 of 2007 ---------------------------------------- Dated this the 26th day of September 2007 O R D E R Application for regular bail. The petitioner faces allegations under Section 379 I.P.C. He along with two other accused had allegedly hired an autorickshaw on the night of 27/8/2007. When the autorickshaw driver was taken to an isolated place, it is alleged that all the three accused allegedly attacked the autorickshaw driver. He was robbed of the cash and valuables in his possession. He was left in the lurch. The miscreants decamped with the autorickshaw and the stolen articles. The de facto complainant later found his way to the police station and lodged a complaint. The alleged incident had taken place on 27/8/2007. Investigation is in progress. In the course of investigation, the petitioner was arrested on 29/8/2007. He continues in custody from that date. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. He has no criminal antecedents. The petitioner, who is aged about 21 years only may not now be permitted to languish in prison any longer. He may be released on bail subject to appropriate conditions, it is prayed. 2. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that though it is true that the petitioner has no criminal antecedents, the first accused is a person having criminal antecedents. The allegations reveal that the co- accused including the petitioner had planned a dubious crime and had B.A.No.5770/07 2 implemented the same. Investigation is not complete. The learned Public Prosecutor submits that this court may not consider the application for bail filed by the petitioner favourably at this stage. The investigating officer in a serious crime like this may be given reasonable further time to complete the investigation. The petitioner, who has remained in custody only from 27/9/2007 may not be enlarged on bail, prays the learned Public Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I do take note of the fact that the petitioner, aged about 21 years, has no criminal antecedents and all the accused have been arrested now. But I am satisfied that the investigating officer's request for further time to complete the investigation and not to release the petitioner at any rate before the investigation comes to a conclusion is justified and can be accepted. 4. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court for bail again at later stages after filing of the final report or after 09/10/2007 whichever is earlier. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.5770/07 3 B.A.No.5770/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007