IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 2ND MAY 2008 / 12TH VAISAKHA 1930 Bail Appl..No. 2651 of 2008() ----------------------------- CMP.1988/2008 of J.M.F.C.-I, MAVELIKKARA CRIME NO.128/2008 OF MAVELIKKARA POLICE STATION .................... PETITIONER : 14TH ACCUSED --------------------------- RAJENDRAN, AGED 50 YEARS, S/O.CHELLAPPAN, CHANIVILAYIL, THEVARVATTOM MURI, THYKKATTUSSERY VILLAGE, CHERTHALA, ALAPPUZHA. BY ADV. SRI.V.S.CHANDRASEKHARAN SMT.PRIYA DEVI.P SMT.LEKSHMI CHANDRASEKHARAN SMT.BEATRICE FERIA RESPONDENTS: ------------- 1. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. 2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/05/2008 ALONG WITH B.A.NOS.2689 AND 2872 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.Nos.2651, 2689 and 2872 of 2008 ------------------------------------- Dated this the 2nd day of May, 2008 ORDER These applications are for regular bail. Petitioners are accused 1, 6 and 14 in a crime registered alleging offences punishable, inter alia, under Sections 395 and 365 I.P.C. The alleged incident took place on 01.03.08. The petitioners remain in custody from 06.03.08, 10.03.08 and 15.03.08 respectively. The crux of the allegations is that accused 1 and 6 as also accused 12, 13 and 14 had conspired together to commit offences against the defacto complainant. Accused 1, 2 and 12 to 14 had engaged accused 3 to 11, allegedly professional criminals to commit the crime. They had allegedly gone to the house of the defacto complainant. The defacto complainant was not there. The defacto complainant's father alone was available. He was taken away by the miscreants from the house of the defacto complainant. Ransom was demanded. He was kept under illegal custody. Crime has been registered. Investigation is in progress All the accused persons have not been arrested yet. Some of the accused remain to be apprehended. Investigation is not complete. B.A.Nos.2651, 2689 and 2872 of 2008 2 2. The learned counsel for the petitioners submit that the petitioners are absolutely innocent. The 1st accused had earlier filed an application for regular bail and the same was dismissed by this Court on 11.04.08 in B.A.No.2048 of 2008. The facts have been adverted to in detail in the said order. 3. The learned Public Prosecutor opposes the application vehemently. Investigation is not complete. Allegations are very serious. The petitioners may not be granted regular at this early stage, it is submitted. 4. The learned counsel for the 14th accused submits that the 14th accused has no criminal antecedents. He was not even present in the house where the crime was committed. A room at a hotel appears to have been taken in the name of the 14th accused to detain the victim. Some other persons are allegedly involved in the said incident. This does not in any way indicate the complicity of the 14th accused, who has no criminal antecedents. He may be granted regular bail, it is prayed. 5. The learned counsel for the 1st accused reiterates the contentions that have been raised earlier in B.A.No.2048 of 2008. The counsel submits that the 6th accused does not also have any criminal antecedents. He, who is continuing in custody from 10.03.08, may now be enlarged on bail, it is prayed. B.A.Nos.2651, 2689 and 2872 of 2008 3 6. The learned Public Prosecutor submits that the investigation is not complete. Release of the petitioners would hamper the smooth conduct of the investigation. In these circumstances, investigators may be given some further time to complete the investigation. The petitioners may not be enlarged on bail at this early stage, it is submitted. 7. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I am persuaded to agree that investigators in a serious crime like this are entitled for further time to complete the investigation. 8. These applications for regular bail are, 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 16.05.08. The investigators shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-