IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 413 of 2008() ---------------------------- CRIME NO. 391/07 OF PALAKKAD TOWN SOUTH POLICE STATION CRMP.5903/2008 of J.M.F.C.-III,PALAKKAD .................... PETITIONERS/ACCUSED NO.2 ----------------------------------------- SIDHARTHAN @ SANJU @ SANJI THOMAS, S/O. SOMASEKHARAN, ILLATHU PARAMBU, NEAR S V COLONY, ERANHIPALAM, KOZHIKODE. BY ADV. SRI.DILIP MOHAN RESPONDENTS: STATE ------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. CIRCLE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, PALAKKAD. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, ALONG WITH BA NO. 639 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 413 & 639 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R These applications are for regular bail. The petitioners are accused 1 to 5. Accused 1 and 3 to 5 had come to this Court earlier with an application for regular bail and by order dt.14.1.2008 in B.A. 183 of 2008 their application was dismissed. The second accused has also joined the other persons to seek regular bail by filing a separate application now. Facts have been adverted to in detail in that order. This common order must be read in continuation of that earlier order. I am not hence adverting to facts in any greater detail in this order. 2. The learned counsel for the petitioners submits that the petitioners, who have remained in custody from 21.12.07/ 22.12.07 may now be enlarged on bail, subject to any appropriate terms and conditions. Investigation is almost complete and it is not necessary to insist on continued detention of the petitioners, B.A.Nos. 413 & 639 of 2008 2 submits the counsel. He further points out that the police have no allegation that any other accused is involved in any earlier crime. Only the second accused is involved in one incident of previous criminality. In these circumstances regular bail may be granted to the petitioners, it is prayed. 3. The learned Prosecutor opposes the application. He submits that this court may not lose sight of the seriousness of the crime. The Investigators may be given some further time to complete the investigation, submits the Prosecutor. 4. I find merit in the prayer of the learned Prosecutor that the Investigators may be given sufficient time to complete the investigation. I am satisfied that the petitioners cannot be enlarged on regular bail now. 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 14.2.2008. The Investigators B.A.Nos. 413 & 639 of 2008 3 shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm