IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 16TH JANUARY 2008 / 26TH POUSHA 1929 Bail Appl..No. 193 of 2008() ---------------------------- CRIME NO. 888/07 OF KONDOTTY POLICE STATION CMP.4341/2007 of J.M.F.C.,MALAPPURAM .................... PETITIONER/ACCUSED ----------------- KAVUNGUMTHODAN BEERAN @ BEERANKUTTY, S/O.ATHAN @ HASSAN,CHELLAPPARAMB HOUSE, ANTHIYOORKUNNU AMSOM,MUZHANGALLUR. BY ADV. SRI.BIJU M.JOHN RESPONDENTS: ------------- STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE,KONDOTTY,THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 193 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered for offences punishable, inter alia, under Sections 323 and 307 I.P.C. The petitioner is alleged to have caused serious injuries to the victim, his nephew, by stabbing him with a dangerous knife. The alleged incident took place on 5.12.2007. The petitioner was arrested. He was produced before the learned Magistrate on 14.12.2007 and he continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is prayed that the petitioner, who has remained in custody from 14.12.07, may now be enlarged on bail. 3. The learned Prosecutor opposes the application. He submits that the victim has suffered very serious injuries. Investigation is not complete yet. The petitioner may not be enlarged on bail at this early stage of investigation. The B.A.No. 193 of 2008 2 Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. 6. I have perused the case diary. The Prosecutor has drawn my attention to the nature of the injuries, described in the wound certificate, suffered by the victim. Having considered all the relevant inputs, I find merit in the opposition of the learned Prosecutor. I am satisfied that this is not a fit case where directions under Section 439 Cr.P.C. can or ought to be issued in favour of the petitioner. I am satisfied that the Investigators deserve to be granted some further time to complete the investigation. 4. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner 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 30.1.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) tm Judge B.A.No. 193 of 2008 3