IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH APRIL 2008 / 15TH CHAITHRA 1930 Bail Appl..No. 2050 of 2008() ----------------------------- CMP.509/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.9/08 OF KUTTAMPUZHA POLICE STATION, ERNAKULAM .................... PETITIONER : 1ST ACCUSED ------------------------ VIJAYAN,AGED 40 YEARS,S/O.GOPALAN ELAVUNGAL HOUSE, POONJAR, RESIDING AT KAMBI LANE 6TH MILE, MAMALAKANDOM, KUTTAMPUZHA, KOTHAMANGALAM, ERNAKULAM DISTRICT BY ADV. SRI.AJEESH S.BRITE RESPONDENTS: ------------- STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER KUTTAMPUZHA POLICE STATION, BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.2050 of 2008 ------------------------------------- Dated this the 4th day of April, 2008 ORDER Application for regular bail. Petitioner faces allegations under Section 302 I.P.C. There are 2 accused persons. The petitioner is the 1st accused and his wife is the 2nd accused. 2. The crux of the allegations against the petitioner is that on account of a dispute which he had with his neighbour-the deceased regarding the drawal of water from a source in the forest to his house, the petitioner allegedly attacked the deceased, an old person, with a stick, causing serious injuries, to which the deceased succumbed on the date of occurrence itself. The alleged incident took place on 14.02.08. The petitioner was arrested on 4.3.08. He continues in custody from that date. There is an allegation that the petitioner had done this crime along with his wife, who is alleged to have hit the deceased with her hands. She was arrested and has already been granted regular bail as per order dated 7.3.08 in B.A.No.1233 of 2008. The petitioner continues in custody from 4.3.08. Investigation is not complete. Final report has not been filed yet. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. In any view of the matter, the B.A.No.2050 of 2008 2 petitioner, who has been continuing in custody from 4.3.08, may now be enlarged on bail, it is prayed. 4. The learned Public Prosecutor opposes the application. Investigation is not complete. Considering the nature and gravity of the allegations, the petitioner may not be granted regular bail at this early stage. Investigators may be given some further time to complete the investigation. Nature and gravity of the crime may be taken into account while considering the application for regular bail, it is submitted. 5. Having considered all the relevant inputs, I agree with the learned Public Prosecutor that it is too early to direct grant of regular bail to the petitioner. Investigators in a serious crime like this, I am satisfied, must be given reasonable further time to complete the investigation. 6. 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 18.04.08. The investigators must in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/- B.A.No.2050 of 2008 3