IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 24TH MARCH 2008 / 4TH CHAITHRA 1930 Bail Appl..No. 1757 of 2008() ----------------------------- CRIME NO.322/07 OF PATTAMBI POLICE STATION : APPLICANTS/ACCUSED NO.3 & 4 -------------------------------------------- 1. SHIJU, AGED 24 YEARS, S/O.UNNIKRISHNAN, PARIYARATHU VEEDU, PATHAYIKKARA, PERINTHALMANNA. 2. NAFEEDHU @ SHANU, AGED 24 YEARS, S/O.ABDUL GANI, COCONUT GARDEN VEEDU, HOUSING COLONY, PERINTHALMANNA. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1757 of 2008 ------------------------------------- Dated this the 24th day of March, 2008 ORDER Application for regular bail. Petitioners are accused 3 and 4. Altogether there are 7 accused persons now. The 7th accused is alleged to have entrusted a lorry loaded with spirit to the 1st accused which lorry belongs to the 2nd accused. It is the case of the prosecution that accused 3 to 6 had piloted the said lorry in a Maruti car which proceeded in front of the lorry loaded with spirit. It was driven by the 4th accused. That lorry was intercepted by the police on 28.05.07. 118 X 35 litres of spirit were seized from the said lorry. Accused 1 was arrested. Investigation continued. The petitioners were arrested long later on 29.02.08. The crux of the allegations is that accused 3 to 6 were also part of the conspiracy to transport the spirit illicitly and that they were proceeding in front of the lorry loaded with spirit in an attempt to pilot the vehicle to its destination. 2. Accused 5 and 6, the others who were allegedly available in the pilot car, have not been arrested so far. Investigation is in progress. The petitioners continue in custody from 29.02.08. B.A.No.1757 of 2008 2 3. In the confession statements of accused 3 and 4, they seem to have advanced a version which the counsel repeats in Court that they were innocent passengers in the car which allegedly piloted the lorry. Their friends accused 5 and 6 were in the car. They were requested to join accused 5 and 6 on that drive. They innocently got into the car. Accused 5 and 6 tried to use their telephone. When their mobile phone rang out of range, the mobile phone of the 1st petitioner was made use of. It is hence that the call details reveal the phone calls between the driver of the vehicle-the 1st accused and the 1st petitioner. In any view of the matter, the petitioners do not deserve to continue in custody they having remained in custody from 29.02.08. It is prayed that the petitioners may be granted regular bail. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not complete at all. I note that though the incident had taken place on 28.05.07, no worthwhile or meaningful progress has been made in the investigation so far. At any rate, I find merit in the opposition by the learned Public Prosecutor. Accused 5, 6 and 7 have not been arrested so far. Release of the petitioners on bail at this early stage of investigation, I agree with the learned Public B.A.No.1757 of 2008 3 Prosecutor, is likely to hamper the smooth course of the investigation. Investigators in a serious crime like the instance one are certainly entitled for further time to complete the investigation. I am, in these circumstances, satisfied that the petitioners do not deserve to be enlarged on bail at this stage. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation 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 07.04.08. The investigators shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-