IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 861 of 2008() ---------------------------- CRIME NO.333/07 OF ERUMAPETTY POLICE STATION .................... PETITIONER : ----------------- 1. RENIL, S/O.MOHANDAS, ATHIKKOTTU HOUSE P.O.KANIPPAYOOR, KUNNAMKULAM, THRISSUR DISTRICT. 2. ABI K.R., S/O.RAJAN KARUTHILAYIL HOUSE, SENIOR GROUND KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.P.RAMACHANDRAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE S.I. OF POLICE ERUMAPETTY POLICE STATION, ERUMAPETTY THRISSUR DISTRICT. BY SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 861 OF 2008 ------------------------------------------------- Dated this the 14th day of February, 2008 ORDER Application for regular bail. The petitioners are accused 2 and 6. They face allegations in a crime registered, inter alia, under Sec.395 of the IPC. Altogether, there are 12 accused persons. The crux of the allegations is that a salesman, who was engaged in sales of articles travelling in a tempo van, was allegedly attacked by spraying chilly power and he was robbed of a huge amount of cash about Rs.1 lakh carried by him on 29/11/07 at 9.30 p.m. In the FIR no accused person is named. The needle of suspicion was pointed at the 1st accused – the driver of the van who had played the key role in conspiring to attack the de facto complainant and rob him of the amount which he was carrying. Except accused 10 to 12, all others have been arrested. No one has been released on bail so far, B.A. No. 861 OF 2008 -: 2 :- it is submitted. The petitioners were arrested on 12/1/08 and continue in custody from that date. Investigation is not complete. 2. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They may now be enlarged on bail, it is prayed. 3. The learned Public Prosecutor opposes the application. The allegations are serious and grave. Investigation is not complete. Some of the co-accused remain to be apprehended. Both the petitioners were allegedly present at the scene of the crime itself. It is too early to consider the release of the petitioner on bail now, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. This, I am satisfied, is a fit case where the Investigator must be given reasonable further time to complete the investigation. 5. In the result, this bail application is dismissed. But, I 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 B.A. No. 861 OF 2008 -: 3 :- – not, at any rate, prior to 28/2/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge