IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 Bail Appl..No. 452 of 2008() ---------------------------- CRIME 354/07 OF KASABA POLICE STATION PETITIONER/ ACCUSED: ------------------------- 1. OGIEFO GARVIN UMAR, AGED 28 YEARS, S/O.OGIEFO USMAN, EDO STATE, P.O.BOX 147, BENNINCHRY, NIGERIA. 2. PRINCE WILL KENECHUKUV OKAFAR, AGED 29 YEARS, S/O.JOHN OKAFAR, 6 ADEM FORM CRESENT, ALIMASA BUS STOP, LYANAL PAJA, NIGERIA. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASABA POLICE STATION, KOZHIKODE. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV.SRI.S.U.NAZER THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 452 OF 2008 D ```````````````````````````````````````````````````` Dated this the 25th day of January, 2008 O R D E R Second application for regular bail. Petitioners face allegations in a crime registered for offences punishable, inter alia, under Sections 489A, B and C and 468 read with 34 IPC. The petitioners were arrested on 18.11.07. They continue in custody from that date. The CBCID has taken over investigation from 3.1.08. Final report has not been filed yet. An earlier application for regular bail filed by the petitioners was dismissed as per order dated 7.1.08 in BA.8117/07. 2. I have adverted to the facts in detail in the said order dated 7.1.08. This order must be read in continuation of the said order and I am not, hence, adverting to the facts in any greater detail in this order. 3. The learned Public Prosecutor submits that the investigation is not complete. A co-accused has been arrested subsequently. In a serious crime like this, where the BA.452/08 : 2 : petitioners are foreign nationals, the investigators may be granted reasonable further time to complete the investigation. Some passports are to be traced. Those vital documents are said to be available in Bombay with some persons as entrusted by the petitioners. If the petitioners were released on bail, it will seriously harm to the course of the investigation, submits the learned Public Prosecutor. 4. I find merit in the opposition of the learned Public Prosecutor. I am satisfied that in a crime like this, investigators must be given some further time to complete the investigation. 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 08/02/2008. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks