IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Bail Appl..No. 1451 of 2008() ----------------------------- CRIME NO. 333/07 OF ERUMAPETTY POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.861/2008 Dated 14/02/2008 .................... PETITIONERS/A2 & A6 --------------------------- 1. RENIL, S/O.MOHANDAS,ATHIKKATTU HOUSE P.O.,KANIPPAYOOR, KUNNAMKULAM,THRISSUR DISTRICT 2. ABI .K.R.S/O.RAJAN, KARUTHILAYIL HOUSE SENIOR GROUND, KUNNAMKULAM,THRISSUR DISTRICT BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, AT ERNAKULAM. 2. THE S.I. OF POLICE ERUMAPETTY POLICE STATION,ERUMAPETTY THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1451 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 2 and 6. They face allegations in a crime registered, inter alia, under Section 395 I.P.C. 12 persons are arrayed as accused. The crux of the allegations is that a salesman, who was engaged in the sales of articles travelling in a tempo van was allegedly attacked by spraying chilly powder at him and robbed of huge amounts, about Rs. 1 lakh, carried by him. The incident took place on 29.11.2007. The petitioners were arrested on 12.1.2008. They had come to this Court earlier for regular bail and by order dt. 14.2.2008 in B.A. 861 of 2008 their application was dismissed. They were granted permission to approach this Court on a later date, not prior to 28.2.2008. Accordingly they have filed this petition on 29.2.2008. 2. The learned Prosecutor opposes the application. He submits that accused 10 and 12 have not been arrested yet. B.A.No. 1451 of 2008 2 Investigation is not complete. The Investigators may be given sufficient time to complete the investigation. The prayer of the petitioners for regular bail may not be considered favourably now, submits the learned Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am satisfied that at this early stage of investigation, the petitioners are not entitled to be released on bail. The Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. 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 investigation, not at any rate, prior to 24.3.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm