IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Bail Appl..No. 3149 of 2010() ----------------------------- (CRIME NO.201/CR/EKM/09 OF CRIME BRANCH C.I.D. H.H.W.II ERNAKULAM, ERNAKULAM DISTRICT) PETITIONER/ACCUSED NO.1 ------------------------------------------- SUBASH.M., AGED 31 YEARS, S/O.VARGHESE, MATTAPPILLIL HOUSE, SOUTH TO THE JACOBITE CHURCH, ODAKKALY, EKKUNNAM KARA, ASAMANNOOR VILLAGE. BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SUJESH MENON V.B. SRI.JOSEPH P.ALEX SRI.SHYAM ARAVIND SRI.T.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D., HHW II, ERNAKULAM. PUBLIC PROSECUTOR SRI. V. TEK CHAND. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- B.A. No. 3149 of 2010 --------------------------------------------------- Dated this 28th day of May, 2010. ORDER Petition for bail. 2. The alleged offences are under Sections 302, 392 and 201 read with Sec.34 IPC. According to prosecution, one Ajas was found missing from 17.5.2010 and his father made a complaint and a case was registered at Kothmangalam Police Station under the caption “man missing”. Investigation was conducted and the case was transferred to CBCID(H.H.W.II) and, during investigation, petitioners (A1) and his wife (A2) were arrested on 30.3.2010. On investigation, it was revealed that Ajas had gone to the house of petitioners with Rs.5 lakhs to double the currency but petitioners, in furtherance of common intention, took away the money and gave poison to him. Since, he did not die, he was chopped to death. An attempt was was made to set fire to his body after taking it to the first floor by pouring kerosene. But, fearing that the neighbours would come to know after putting off fire, the body was taken to Idukki in a car. Since the body could not be disposed of it [B.A.no.3149/2010] 2 was taken to Kothamangalam and buried at Kothamangalam. 3.Learned counsel for petitioner submitted that the prosecution developed a story which is not even known to accused. The dead body was recovered from the property of another person and petitioners are innocent. The 2nd accused is already released on bail. Hence, petitioner, who is in custody for the past 60 days, may be released on bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the incident happened on 17.5.2009, but It was only after a long time that petitioners could be arrested and the manner in which the incident happened was revealed to the police. Petitioner is involved in another case also and he was on bail .But he did not comply with the condition imposed. The investigation is in progress and several witnesses have to be questioned. This is a case in which murder was committed in secrecy and hence, it is difficult to collect evidence. Hence, if petitioner is granted bail at this stage, it will affect investigation, it is submitted. 5. On hearing both sides and on considering the facts and circumstances of the case, the stage of investigation and the nature of investigation required, I am satisfied that it is not proper [B.A.no.3149/2010] 3 to grant bail at this stage. Granting bail to petitioner's wife does not persuade me to grant bail to petitioner taking into consideration the alleged nature of complicity of petitioner in the offence. Petition is dismissed. K. HEMA, JUDGE. Krs.