IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1811 of 2008() ----------------------------- CMP.1243/2008 of J.M.F.C.-I,KOTTARAKKARA CRIME NO.134/08 OF THE EZHUKONE POLICE STATION .................... PETITIONER : 3RD ACCUSED ---------------------------- SANTHOSH, S/O.SURESH KUMARIPICHAZHIKATHU VEEDU NEW KIZHAKKANAZHAKATHU TEMPLE, KANNIMEL CHERRY SAKTHIKULANGARA. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR, EZHUKONE POLICE STATION THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No.1811 of 2008 ------------------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for regular bail. The petitioner is the 3rd accused. Altogether there are 10 accused persons. The petitioner faces allegations in a crime in which allegations are raised, inter alia, under Secs.326 and 308 read with Sec.149 of the IPC. The alleged incident took place on 11/3/08. Altogether there are 10 accused persons. They had allegedly reached the scene of the crime in a vehicle. Because of the prior animosity entertained by them against certain other individuals, the de facto complainant and other injured who happened to be present at the scene of the crime were attacked mistaking them to be the persons who they wanted to attack. The accused persons allegedly unleashed a brutal attack with dangerous weapons on the two injured persons. B.A. No.1811 of 2008 -: 2 :- They suffered serious injuries. Dangerous weapons were used for the commission of the offence. The injured persons are still in the hospital. The alleged incident took place on 11/3/08. Accused 1 to 6 were arrested on 12/3/08. They continue in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. It is prayed that a lenient view may be taken and the petitioner may be enlarged on bail. 3. The learned Public Prosecutor opposes the application. The allegations are serious. Investigation is at a very early stage. The petitioner does not, at any rate, deserve to be enlarged on bail at this early stage, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, including the nature and gravity of the allegations, the nature of the materials collected and the stage of investigation, I am persuaded to agree that there is merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that the petitioner is not entitled to be enlarged on bail at this early stage of the investigation. 5. In the result, this bail application is dismissed. But I B.A. No.1811 of 2008 -: 3 :- may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 4/4/08. The Investigation shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge