IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929 Bail Appl..No. 7493 of 2007 ------------------------------------- (CRIME NO. 393/2007 OF PAYYANNUR POLICE STATION) PETITIONER/ACCUSED NO.1: ----------------------------------------- GAJENDRAN, MEVIKALA, JILLA BAGPATH, THANA BALAM, UTTAR PRADESH BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS: COMPLAINANT: ---------------------------------------------- 1. THE STATION HOUSE OFFICER, PAYYANNUR POLICE STATION. 2. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/12/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7493 of 2007 ---------------------------------------- Dated this the 6th day of December 2007 O R D E R Application for regular bail. The petitioner is the first accused. Altogether there are four accused persons. He, along with the co-accused, faces allegations for offences punishable inter alia under Sections 307, 394 and 120B I.P.C. The alleged incident took place on 26/9/2007. The petitioner was arrested later on the same day. Recoveries have been effected on the basis of the confession statement of the petitioner. Investigation is in progress. Final report has not been filed yet. 2. The crux of the allegations is that when the victim, a business man was present alone in his rented house, the petitioners allegedly went into the said house, attacked him, caused injuries to him and took away money from the possession of the victim. The F.I.R was registered on the basis of information furnished by the landlord of the victim who stays in another floor of the same building. 3. The learned counsel for the petitioner submits that the petitioner is innocent. At any rate, the petitioner who has B.A.No.7493/07 2 remained in custody from 26/9/2007 may now be enlarged on bail, prays the learned counsel for the petitioner. 4. The learned Public Prosecutor opposes the application. All the accused persons including the petitioner are not entitled for bail at this early stage. Investigators in a serious crime like this may be granted reasonable further time to complete the investigation, submits the learned Public Prosecutor. I find merit in the opposition by the learned Public Prosecutor. This, I am satisfied, is a fit case where the investigating officer must be given some further time to complete the investigation. 4. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court for bail again at later stages of the investigation not, at any rate, prior to 19/12/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr B.A.No.7493/07 3 B.A.No.7493/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007