IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 Bail Appl..No. 1742 of 2008() ----------------------------- CRIME NO. 288/07 OF NATTUKAL POLICE STATION CRMP.746/2008 of I ADDL. DISTRICT COURT, PALAKKAD .................... PETITIONERS/ACCUSED NO.4: ------------------------------------------ USSAINAR, AGED 40 YEARS, S/O. KUNJIPPA HAJI, ALALIKKAL HOUSE,THEYYOTHUCHIRA BHEEMANAD, MANNARKAD TALUK, PALAKKAD. BY ADV. SRI.T.K.SAIDALIKUTTY SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL RESPONDENTS: ------------- 1. THE STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NATTUKAL POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1742 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of March, 2008 O R D E R Application for regular bail. The petitioner is the 4th accused. Altogether there are four accused persons. They face allegations in a crime registered, inter alia, under Sections 120B and 302 I.P.C. Initially it was a crime registered under the caption 'man missing'. The deceased was found missing. Crime was registered. In the course of the investigation it was revealed that the dead body of the deceased with injuries suffered by its was abandoned in a rubber plantation within the jurisdiction of another police station. The section of offence was altered. Investigation continued under Section 302 I.P.C. In the course of investigation it was revealed that all the four accused had conspired to do away with the deceased on account of prior animosity and disputes between them. He was attracted to the house of the 4th accused, where all the four accused were present. They caused his death by inflicting injuries. Thereafter the body B.A.No. 1742 of 2008 2 was removed and abandoned. The petitioner was arrested on 26.1.2008. Accused 1 and 2 were arrested on 1.2.2008. The third accused has also been arrested by now. Investigation is not complete. Final report has not been filed. 2. The learned counsel for the petitioner submits that the petitioner is innocent. At any rate, the petitioner, who has remained in custody from 26.1.2008, may now be enlarged on bail, subject to appropriate conditions, prays the learned counsel. 3. The learned Prosecutor opposes the application. Allegations are serious. Investigation is not complete. Considering the totality of circumstances, the petitioner may not be enlarged on bail at this stage, submits the Prosecutor. 4. I have considered all the relevant inputs. I am satisfied that the petitioner is not entitled for regular bail at this stage. In coming to this conclusion I have taken note of the nature and gravity of the allegations raised, the quantum and quality of materials collected as also the stage of investigation in this case. B.A.No. 1742 of 2008 3 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 2.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm