IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 23RD NOVEMBER 2007 / 2ND AGRAHAYANA 1929 Bail Appl..No. 7182 of 2007() ----------------------------- CRMP.17464/2007 of J.M.F.C.-I(FOREST OFFENCES),TPA .................... : PETITIONER/5TH ACCUSED -------------------------------------- SANALKUMAR,S/O.VIJAYAN MARIYILPUTHANPURAYIL HOUSE MANAKKADU KARA MANAKKADU VILLAGE. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: RESPONDENT ----------------------- PUBLIC PROSECUTOR, HIGH COURT OF KERALA REPRESENTED FOR THE CIRCLE INSPECTOR OF POLICE THIDUPUZHA POLICE STATION. BY PUBLIC PROSECUTOR SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.7182 of 2007 ---------------------------------------- Dated this the 23rd day of November 2007 O R D E R Application for regular bail. The petitioner is the fifth accused. Altogether there are five accused persons. The alleged incident took place on 10/4/2007. The lorry of the de facto complainant was stealthily removed from a petrol bunk where it was parked. Complaint was lodged on 13/4/2007. In the course of investigation accused 1 and 2 were arrested. They made a confession statement of the involvement of themselves and three others including the petitioner herein. Accordingly accused 1 to 5 were arrayed as accused. The petitioner was arrested in another crime on 15/10/2007. His arrest was recorded in the crime on 22/10/2007. He continues in custody in this crime from 22/10/2007. Investigation is not complete. Accused 1 and 2 who were arrested long earlier have already been released on bail. Third accused was granted bail by default as the final report was not filed within the period stipulated by law. The petitioner continues in custody from 22/10/2007. 2. The learned counsel for the petitioner submits that the petitioner may be enlarged on bail subject to any appropriate conditions. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations are serious. Investigation is not complete. Considering the antecedents B.A.No.7182/07 2 of the petitioner, the petitioner may not be enlarged on bail. The mere fact that the co-accused including the third accused have already been granted bail after a long period of incarceration, may not be reckoned as a sufficient reason to grant bail to the petitioner herein also. In fact, the third accused was granted bail by default and not bail in the ordinary course, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I am of the opinion that the petitioner is not entitled to be enlarged on bail at this stage. In coming to this conclusion, I have taken note of all the relevant inputs including the nature and gravity of the allegations, nature of the materials collected as also the stage of investigation and the antecedents of the petitioner. I am satisfied that the investigators in a serious crime like this are certainly entitled to further time to complete the investigation before the petitioner is directed to be released on bail. 5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioners shall be at liberty to move this court or the Sessions court for bail again at later stages of the investigation not, at any rate, prior to 01/12/2007. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.7182/07 3 B.A.No.7182/07 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007