IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 Bail Appl..No. 8117 of 2007(O) ------------------------------ CRIME NO. 354/07 OF KASABA POLICE STATION .................... PETITIONERS/ACCUSED. ------------------------------------- 1. OGIEFO GARVIN UMAR, AGED 28 YEARS, S/O. OGIEFO USMAN, EDO ESTATE, P.O.BOX NO. 147, BENNINCHERY, NIGERIA. 2. PRINCE WILL KENECHUKUV OKAFAR, AGED 29 YEARS, S/O. JOHN OKAFAR, 6 ADEM FORM CRESENT, ALIMASA BUS STOP, LYANAL PAJA, NIGERIA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE. ------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 8117 of 2007 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of January, 2008 O R D E R Application for regular bail. The petitioners are accused 1 and 2. Altogether there are three accused persons. Three Nigerian citizens had come to India and were found residing at a lodge in Calicut. They had allegedly not observed the legal formalities required. It was found that they were having in their possession forged American dolors. It is also alleged that their travel documents were all forged and they were impersonating. The petitioners were arrested on 18.11.2007 and they continue in custody from that date. Investigation is in progress. C.B.C.I.D. has taken over investigation on 3.1.2008. Final report has not been filed yet. 2. The learned counsel for the petitioners submits that the petitioners are innocent. Allegations are raised under Section 489 A, B and C and also under Section 468 I.P.C. without any B.A.No. 8117 of 2007 2 justification. The petitioners may now be enlarged on bail, they having remained in custody from 18.11.2007, submits the counsel. 3. The learned Prosecutor opposes the application. He submits that the C.B.C.I.D. has taken over investigation only on 3.1.2008. All the available indications point to the culpability of the petitioners. The U.S. currency found available with the petitioners were fake and counterfeit ones. Their travel documents were seen forged. Investigation is not complete. The Investigators may be given reasonable further time to complete the investigation, submits the learned Prosecutor. 4. The case diary has been placed before me. I have perused the F.I.R. and other documents. I find merit in the prayer of the learned Prosecutor that the Investigators may be given sufficient time to complete the investigation. I am satisfied that the petitioners cannot be enlarged on regular bail now. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move this court or the courts below for bail again at a later stage of the B.A.No. 8117 of 2007 3 investigation, not at any rate, prior to 17.1.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm