IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 Bail Appl..No. 1250 of 2008() ----------------------------- CR.NO. 315/07 OF PAYANGADI POLICE STATION, KANNUR AGAINST THE JUDGEMENT/ORDER IN BA.601/2008 Dated 06/02/2008 .................... PETITIONER/ACCUSED: ------------------------------------ ANEESH K.V., S/O. KRISHNAN, AGED 23 YEARS, KANNOME, EZHOME AMSOM,KANNUR DIST. BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: COMPLAINANT: ------------------------- STATION HOUSE OFFICER, PAYANGADI POLICE STATION, KANNUR DISTRICT (CRIME NO.315/07 OF PAYANGADI POLICE STATION, KANNUR DISTRICT), REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1250 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of February, 2008 O R D E R Application for regular bail. The petitioner faces allegations under Sections 302 and 376 r/w. 511 I.P.C. The alleged incident took place on 18.10.2007. The petitioner was arrested on 11.12.2007. He had come to this court earlier with an application for regular bail. I have, by order dt. 6.2.2008 in B.A.No. 601 of 2008, rejected the prayer for grant of regular bail. Facts have been adverted to in detail in that order. This order must be read in continuation of that order. I am not hence adverting to facts in any greater detail in this order. Investigation is not complete yet. The learned counsel for the petitioner prays that the petitioner may now be enlarged on bail. 2. The learned Prosecutor opposes the application. He argues that the offence alleged in this crime reveals great depravity of mind and a serious view is bound to be taken. He further submits that in a serious crime like this, the Investigators B.A.No. 1250 of 2008 2 may be given reasonable further time to complete the investigation. He may not be enlarged on bail now, prays the learned Prosecutor. 4. 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 petitioner is 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 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 14.3.2008. I may hasten to observe that if in the meantime the petitioner becomes entitled for bail by default under the proviso to Section 167(2), the dismissal of this petition or the above observations/directions will not fetter his right to claim bail under Section 167(2) Cr.P.C. (R. BASANT) tm Judge B.A.No. 1250 of 2008 3