IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 Bail Appl..No. 799 of 2008() ---------------------------- CRIME NO.757/07 OF THRISSUR TOWN EAST POLICE STATION .................... PETITIONERS : ACCUSED NO.1 AND 5 IN CRIME NO.757/2007: --------------------------------------------------------- 1. INTAZ MUNSHI, AGED 25 YEARS, S/O.AJKAR MUNSHI, CHEKKALINGA, BUDHI VILLAGE, BEDA BEDI POST, SIKKOOR POLICE STATION, HUGLI DISTRICT, WEST BENGAL. 2. S.K.MAROOF ALI, AGED 20 YEARS, S/O.AKTHAR ALI, SANDIPUR GRAM, ELAIPOOR POST, CHANDITHALA P.S., HUGLI DISTRICT, WEST BENGAL. BY ADV. SRI.JYOTHISH.J.KALLINGAL RESPONDENTS: COMPLAINANT, STATE; -------------------------------- STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE, THRISSUR TOWN EAST POLICE STATION, THRISSUR, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY P.P. SRI. JAI GEORGE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 799 OF 2008 ------------------------------------------------- Dated this the 21st day of February, 2008 ORDER Application for regular bail. The petitioners are accused 1 and 5. Altogether, there are 5 accused persons. They face allegations in a crime registered for offences punishable, inter alia, under Secs.120B and 394 of the IPC as also Sec.27 of the Arms Act. 2. The allegations against the petitioners is that accused 1 to 5, who are persons hailing from West Bengal, had conspired together to commit dacoity in the premises of an establishment where goldsmiths work. Accused 1 to 5 conspired. They procured fire arms. Three pistols were taken to the scene of the crime by accused 2 to 4. Accused 1 and 5 did not go to the scene of the crime to take part in the occurrence. They had on earlier occasions gone to the scene B.A. No. 799 OF 2008 -: 2 :- of the crime to survey the same and show the same to accused 2 to 4. On the date of the occurrence, accused 2 to 4 were to take part in the mission. Accused No.1 had dropped them at the scene of the crime. All the three were armed with pistols. They were supposed on the night to break into the establishment and commit theft of gold and cash which were available in the establishment. Accused 2, 3 and 4 went to the premises. But unfortunately one of the pistols got fired accidentally and the 4th accused suffered injuries. He immediately withdrew from the scene of the crime. He contacted the 1st accused over the telephone who came to the scene of the occurrence on a motor- cycle. Accused No.4 was taken to the hospital. He was admitted there. He underwent treatment. On his statement, a crime was registered as Crime No.766/07. 3. Accused 2 and 3 broke open into the establishment. They threatened the workers there by showing the pistols. One shot was fired to scare them. The miscreants decamped with gold and cash which were available in the premises. A complaint was filed before the police and Crime No.757/07 was also registered. The petitioners were arrested in Crime No.757/07 on 6/12/07. They are continuing in custody from that date. Accused No.4 who was admitted in the hospital has also been B.A. No. 799 OF 2008 -: 3 :- arrested later. The First Information Statement lodged by him is now proved to be false and given only to exculpate himself from the allegations in this crime. Accused 2 and 3 are at large. The booty has not been recovered yet. Investigation is in progress. Despite best efforts, the police have not been able to arrest A2 and A3 or effect recovery of the stolen articles. 4. The learned counsel for the petitioners submits that the petitioners are absolutely innocent. They have no criminal antecedents. The petitioners who have remained in custody from 6/12/07 may now be enlarged on bail, prays the learned counsel for the petitioners. 5. This application is opposed stoutly by the learned Public Prosecutor. In a serious and grave crime like the instant one, the police may be given reasonable time to complete the investigation. Every effort must be made to apprehend A2 and A3 even before the petitioners are released on bail, lest the chances of apprehending A2 and A3 and recovering the stolen articles would turn bleak. 6. I have considered all the relevant inputs. At my request the learned Public Prosecutor has placed before me the Case Diary for my perusal. I have perused the same. I am satisfied that at this stage the discretion under Sec.439 of the Cr.P.C. B.A. No. 799 OF 2008 -: 4 :- cannot and does not deserve to be invoked in favour of the petitioners. The police, in a serious crime like this, I am satisfied, must be given reasonable further time to complete the investigation. 7. In the result this bail application is dismissed. But, I may hasten to observe that the petitioners shall be at liberty to move this Court for bail again at a later stage of the investigation – not, at any rate, prior to 6/3/08. The Investigator shall, in the meantime, make every endeavour to complete the investigation. This direction shall not in any way fetter the rights of the petitioners to approach this Court or the courts below for bail at a later stage, if the final report is filed or a period of 90 days elapses under the proviso to Sec.167(2) of the Cr.P.C. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge B.A. No. 799 OF 2008 -: 5 :-