IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Bail Appl..No. 183 of 2008() ---------------------------- CRMP.4623/2007 of DISTRICT COURT, PALAKKAD CRIME NO.391/07 OF TOWN SOUTH POLICE STATION .................... PETITIONERS : ACCUSED A1, A3 TO A5: --------------------------------------- 1. FINOSH, S/O.KAMARUDHEEN, AGED 25 YEARS, CANAL VARAMBU, VENNAKKARA, NOORANI, PALAKKAD. 2. RIYAS, S/O.UMMER, AGED 26 YEARS, CANAL VARAMBU, VENNAKKARA, NOORANI, PALAKKAD. 3. AYOOB, S/O.SAIDALAVI,AGED 24 YEARS, CANAL VARAMBU, VENNAKKARA, NOORANI, PALAKKAD. 4. SHEMIR, S/O.MOIDEENKUTTY, AGED 27 YEARS, CANAL VARAMBU, NOORANI, PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: STATE AND COMPLAINANT: ----------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR, TOWN SOUTH POLICE STATION. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.183 of 2008 ------------------------------------- Dated this the 14th day of January, 2008 ORDER Application for regular bail. Petitioners are accused 1, 3, 4 & 5. Altogether there are 5 accused persons. The defacto complainant's employer is one Unnikrishnan. He had advertised in a daily that he is willing to offer financial assistance for loanees who have to redeem their gold ornaments pledged before banks and financiers. Accused 1 allegedly happened to see the advertisement. He wanted the employer of the defacto complainant to offer financial assistance to him to redeem certain gold ornaments which he had allegedly pledged before a financier. The defacto complainant's employer agreed. He sent the 1st accused and the defacto complainant together with directions to the defacto complainant to take an amount of Rs.50,000/- from the A.T.M and go with the 1st accused and get the ornaments redeemed. The defacto complainant, submits the learned Public Prosecutor, is a goldsmith and he was allegedly sent to verify whether the ornaments pledged are genuine B.A.No.183 of 2008 2 ornaments. While accused 1 and the defacto complainant were proceeding after withdrawing the amount of Rs.50,000/- as instructed by the 1st accused, accused 2 to 5 allegedly attacked the defacto complainant and all the 5 together went away with the amount of Rs.50,000/- and other belongings of the defacto complainant. Accused 1 is named in the F.I.R. The crime was registered. Investigation commenced. Accused 1, 2 and 5 were arrested on 22.12.07 itself. Accused 3 and 4 were arrested on 24.12.07. Part of the booty has been recovered. Investigation is in progress. The petitioners continue in custody from their dates of arrest - 22.12.07 and 24.12.07. 2. The learned counsel for the petitioners submits that the petitioners are innocent. The petitioners, who have remained in custody from 22.12.07 and 24.12.07, may be enlarged on bail, prays the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. Investigation is not complete. Antecedents of the petitioners have to be verified. In a serious crime like this, the investigators may be granted reasonable further time to complete the investigation, submits the learned Public Prosecutor. B.A.No.183 of 2008 3 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I do not find any reason to invoke the discretion under Section 439 Cr.P.C in favour of the petitioners at this stage. The investigator in a crime like this, I am satisfied, is entitled for reasonable time to complete the investigation. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioners shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 28.01.08. The investigators must in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-