IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 Bail Appl..No. 91 of 2008() --------------------------- CRLMP.2894/2007 of DISTRICT COURT, KASARAGOD CRIME NO.762/07 OF KASARGOD POLICE STATION .................... : PETITIONERS/ACCUSED ----------------------------------- 1. SHAMSU, S/O. ABDUL REHIMAN, NEAR MOIDEEN PALLI, MOGRAL, KUMBALA. 2. HARIS PERVAD, S/O. HASSAINAR PERVAD, KUMBALA, KASARAGOD. 3. RAFEEQUE @ EPPY, S/O. ABDUL REHIMAN, AZAD NAGAR, CHOWKI, POST KUDLU. 4. JALEEL, S/O. MOIDEEN CHOWKI, POST KUDLU. BY ADV. SRI.T.G.RAJENDRAN SRI.T.B.SHAJIMON RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. STATION HOUSE OFFICER, KASARAGOD. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.91 of 2008 ---------------------------------------- Dated this the 10th day of January 2008 O R D E R Application for regular bail. The petitioners are accused 1,2,5 and 6. Altogether there are six accused persons. The alleged incident took place on 20/11/2007. Crime was registered for offence punishable inter alia under Section 302 read with 149 I.P.C. The crux of the allegations against the petitioners is that they, who were members of an unlawful assembly, had allegedly proceeded to the scene of the crime in two vehicles armed with dangerous weapons and unleashed an attack on the victim who belongs to a political party and has criminal antecedents of political violence. Altogether four persons who were together sitting at the scene of the crime were allegedly attacked and suffered injuries. The deceased succumbed to his injuries. The petitioners are named in the F.I.R lodged promptly by an eye witness who had also suffered injuries. Investigation is in progress. The petitioners continue in custody from 23/11/2007. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They have no motive against the B.A.No.91/08 2 victim/deceased. The deceased had several opponents and any one of them may have committed the offence against the deceased. The petitioners even allegedly do not have any motive against the victim/deceased. The investigation is almost complete. The petitioners may now be granted regular bail prays the learned counsel for the petitioner. 3. The learned Public Prosecutor opposes the application. According to the learned Public Prosecutor, political animosity is now revealed to be the motive for the attack. Investigation is not complete. The petitioners may not be enlarged on bail at this early stage, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that the petitioners are not entitled to be released on bail at this early stage of the investigation. In coming to this conclusion, I have taken note of the nature and gravity of the allegations, nature of the materials that are available as also the stage of investigation. B.A.No.91/08 3 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 for bail again at later stages of the investigation not, at any rate, prior to 24/01/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. 6. The father of the deceased has appeared through a counsel with a request for impleadment. The said petitioner is not impleaded. His counsel has been heard. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge B.A.No.91/08 4 B.A.No.91/08 5 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007