IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1149 of 2008() ----------------------------- CRIME NO. 900/07 OF NARAKKAL POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.515/2008 Dated 04/02/2008 .................... PETITIONERS/ACCUSED NUMBERS 3,4,5,7 AND 8 ---------------------------------------------------------- 1. JINEESH, AGED 26 YEARS, S/O.PHALGUNAN, PANIKKASSERY VEEDU, NARAKKAL KARA, NORTHERN SIDE OF TALENT SCHOOL, NARAKKAL VILLAGE. 2. JOMON, S/O.JOSEPH, AGED 22 YEARS, ODAMPILLY VEEDU, WESTERN SIDE OF PUSHPALAYAM CHURCH, NARAKKAL KARA, NARAKKAL VILLAGE. 3. REESHAL, S/O.JOSEPH, AGED 18 YEARS, PULIKKAL VEEDU, VELIYATHAMPARAMBU KARA, WESTERN SIDE OF MAHAVISHNU TEMPLE, NAYARAMBALAM VILLAGE. 4. SANAL, S/O.VARGHESE, AGED 18 YEARS, MENCHERIYIL VEEDU, APPANGADU BHAGOM, NARAKKAL VILLAGE. 5. GILLS, S/O.GEORGE, AGED 18 YEARS, SRAMBIKKAL VEEDU, BACK SIDE OF GOVERNMENT SCHOOL, MAMPILLY BHAGOM, NARAKKAL KARA, NARAKKAL VILLAGE. BY ADV. SRI.P.B.ASOKAN SRI.R.VINU RAJ RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, NARAKKAL, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1149 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R This is the second application for regular bail filed by the petitioners, who are accused 3 to 5, 7 and 8 in a crime registered under Section 302 I.P.C. The alleged incident took place on 16.12.2007. Inter-group rivalry is the alleged motive for the attack. The victim had suffered as many as 50 injuries, including incised injuries. The petitioners were arrested on 5.1.2008 and they continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are innocent. He prays that they may now be enlarged on bail. 3. The learned Prosecutor stoutly opposes the application. He submits that the investigation is not complete, though all the accused have by now been arrested. He prays that some further time may be given to the Investigators to complete the investigation. B.A.No. 1149 of 2008 2 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. The fact that the petitioners have remained in custody from 5.1.2008 or the fact that the petitioners are relatively young persons do not persuade me to invoke the discretion under Section 439 Cr.P.C. in favour of the petitioners now. I am satisfied that the petitioners are not entitled to be released on bail now. The Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 14.3.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm