IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 Bail Appl..No. 2048 of 2008() ----------------------------- CRIME NO. 128/08 OF MAVELIKKARA POLICE STATION PETITIONER/ 1ST ACCUSED ---------------------------------------- SUCHI, S/O ANANDAN, MARANGATTU VEEDU, KANICHANALLOOR MURI, KARTHIKAPPALLY, ALAPPUZHA. BY ADV. SMT.A.SALINI LAL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP:-BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP:BY C.I. OF POLICE, MAVELIKKARA. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11/04/2008, ALONG WITH BA NO. 2271 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 2048 & 2271 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008 O R D E R These applications are for regular bail. The petitioners face allegations of having committed offences punishable, inter alia, under Sections 457, 365, 395 and 384 I.P.C. The crux of the allegations against the petitioners is that they had forcibly taken away the father of the defacto complainant from his house with the intention of demanding ransom for his release. It is further alleged that when they trespassed into the house, the miscreants had taken away valuable articles also from the house. 2. The prosecution alleges that the defacto complainant and accused 1 and 2 have some disputes and it is to steel a march in such disputes that the miscreants decided to kidnap and abduct the defacto complainant. But at the time when the miscreants went to the house of the defacto complainant he was not available and that was prompted them to abduct and take away the father of the defacto complainant. The alleged incident took place on the night of 1.3.2008. Accused 1, 3, 4, 6 and 14 have by B.A.Nos. 2048 & 2271 of 2008 2 now been arrested. The petitioners herein, i.e. Accused 1 and 3 were arrested on 6.3.2008. The father of the defacto complainant was allegedly traced ultimately from a house at Trivandrum, which allegedly belongs to the third accused. 3. The learned counsel for the petitioners submits that the allegations are totally false. The defacto complainant is involved in some offence of swindling large amounts while he was employed abroad. The alleged crime is not committed by any of the petitioners. It is alleged that such crime was engineered by people who had animus against the defacto complainant when he was employed abroad. In any view of the matter, the petitioners, who have remained in custody from 6.3.2008, may now be enlarged on bail, pray the learned counsel for the petitioners. 4. The learned Prosecutor opposes the application. He submits that the investigation is at an early state. Though the petitioners were arrested on 6.3.2008 the co-accused have not been apprehended. In a serious crime like this, the Investigators may be given some reasonable time to complete the investigation, submits the learned Prosecutor. B.A.Nos. 2048 & 2271 of 2008 3 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. Seriousness and gravity of the allegations is certainly a relevant input while considering the invocation of the discretion under Section 439 Cr.P.C. I am satisfied that the petitioners are not entitled to be enlarged on bail at this early stage. 6. 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 25.4.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. The learned counsel for the first accused submits that the first accused is ill and he needs medical treatment. Needless to say the persons who are keeping the first accused in custody are bound and shall make medical aid available to the said petitioner, if he needs the same. (R. BASANT) Judge tm