IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 Bail Appl..No. 1827 of 2008() ----------------------------- CMP.370/2008 of JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM CRIME NO.41/08 OF POTHANICAD POLICE STATION .................... PETITIONER : 1ST ACCUSED ---------------------------- ABDUL JALEEL, S/O.KUNJU BAVA MANACKAL VALAPPIL VEEDU, MADIYOOR KARA POTHANICAD VILLAGE. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1827 of 2008 ------------------------------------- Dated this the 25th day of March, 2008 ORDER Application for regular bail. Petitioner is the 1st accused. He faces allegations in a crime registered for offences punishable under Sections 498 A and 302 I.P.C. Altogether there are 4 accused persons. The other 3 accused, who face allegations only under Section 498 A I.P.C, have already been enlarged on bail. The spouses along with their two young children were available in their house on that night. In the morning, the wife was found dead. The husband was not available. He had locked the house from outside and had gone away. He was arrested later on 12.02.08. Statements of the children reveal that the mother was done away with by the petitioner himself. The petitioner continues in custody from 12.02.08. Investigation is in progress. Final report has not been filed yet. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner, who has remained in custody from 12.02.08, may now be enlarged on bail, it is prayed. B.A.No.1827 of 2008 2 3. The learned Public Prosecutor opposes the application. The circumstances are formidable against the petitioner. The allegations reveal a gruesome of crime. Satisfactory data has by now been collected against the petitioner. The petitioner is not entitled to be enlarged on bail at this early stage, submits the learned Public Prosecutor. 4. Having considered all the relevant circumstances, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that it is too early to consider the question of release of the petitioner on bail at this stage. Investigating Officers in a serious crime like this are certainly entitled for further time to complete the investigation. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 08.04.2008. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/- B.A.No.1827 of 2008 3