IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 515 of 2008() ---------------------------- CRIME NO.900/2007 OF NARAKKAL POLICE STATION .................... : PETITIONERS/ACCUSED NUMBERS 3,4,5,7 AND 8 ---------------------------------------------------------- 1. JINEESH, AGED 26 YEARS, S/O. PHALGUNAN, PANIKKASSERY VEEDU, NARAKKAL KARA, NORTHERN SIDE TALENT SCHOOL, NARAKKAL VILLAGE. 2. JOMON, S/O. JOSEPH, AGED 22 YEARS, ODAMPILLY VEEDU, WESTERN SIDE 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 THE 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 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No. 515 of 2008 ------------------------------------- Dated this the 4th day of February, 2008 ORDER Application for regular bail. Petitioners are accused 3 to 5, 7 and 8 in a crime registered under Section 302 I.P.C. The alleged incident took place on 16.12.07. Victim and the 1st accused had some disagreement about the manner in which the fruits of an earlier crime was split. For discussion and settlement of that issue, the victim was allegedly invited to be at a certain place. When he went there along with another person, he was allegedly attacked as per prior design by the accused persons. The alleged incident took place on 16.12.07. The victim has suffered as many as 50 injuries including incised injuries. The petitioners were arrested on 05.01.08. They continue in custody from that date. 2. The learned counsel for the petitioners submits that the petitioners are innocent. It is being falsely alleged that the petitioners belong to one goonda gang and the deceased belonged to another. The petitioners have no involvement whatsoever with this crime. False and vexatious allegations are being raised against the petitioners. The learned counsel for the B.A.No. 515 of 2008 2 petitioners submits that even going by the F.I.R, the police are guilty of not promptly ensuring that the victim reached the hospital. His death may be attributable to such irresponsible conduct on the part of the police. The petitioners do not have any criminal antecedents. In these circumstances, the petitioners, who have remained in custody from 05.01.08, may now be enlarged on bail, submits the learned counsel for the petitioners. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the crime is a very serious and grievous one. Because of intergroup rivalry between 2 groups of goondas, the victim was attacked as per prior design after attracting the victim to the scene of the crime. All the petitioners had allegedly taken part in the incident proper. The details were collected from a person who had accompanied the victim at the scene of the crime. The F.I statement was, of course, lodged not by the said person, but by a relative of the victim who had collected information from the person who accompanied him at the relevant time. In any view of the matter, at this early stage of investigation, the petitioners may not be granted regular bail, submits the learned Public Prosecutor . B.A.No. 515 of 2008 3 4. The case diary has been placed before me. I have perused the same. Having considered all the relevant inputs, I am certainly in agreement with the learned Public Prosecutor that the discretion under Section 439 Cr.P.C cannot and need not be invoked in favour of the petitioners. In a serious crime like this, the investigator is entitled for grant of further time to complete the investigation. 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 18.02.08. The investigators shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-