IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 Bail Appl..No. 1892 of 2008() ----------------------------- MP.815/2008 of J.M.F.C.,PERUMBAVOOR CRIME NO.104/08 OF KALADY POLICE STATION .................... PETITIONER/ACCUSED: ----------------- ALI, S/O.BEERANKUNJU, AGED 44 YEARS, KADAVILAN VEEDU, SREEBHOOTHAPURAM, CHOWARA VILLAGE. BY ADV. SRI.RAJIV NAMBISAN RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, KALADY POLICE STATION, THORUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY DIRECTOR GENERAL OF PROSECUTIONS SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- B.A.No.1892 of 2008 ---------------------------------------- Dated this the 26th day of March 2008 O R D E R Application for regular bail. The petitioner faces allegations in a crime registered under Section 302 I.P.C. The alleged incident took place on a public road on 14/2/2008. The petitioner, on account of animosity against his sister-in-law - brother's wife who had allegedly made some disparaging remarks about the petitioner to his young daughter, armed with deadly weapons allegedly inflicted fatal injuries on his sister-in- law. She succumbed to the injuries. Prompt F.I.S has been lodged. Investigation is in progress. The petitioner was arrested on 15/2/2008. He continues in custody from that date. 2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. His wife and children are subjected to great harassment and humiliation after the incident in this case. The petitioner may, in these circumstances, be enlarged on bail, it is prayed. 3. The learned Director General of Prosecutions opposes the application. Investigation is not complete. The offence revealed his most brutal and heinous. Victim was with her young daughter when she was attacked. She was a pregnant lady also. B.A.No.1892/08 2 Prior animosity had prompted the accused to commit the offence alleged. He had made prior preparations and had deliberately inflicted the injuries after sufficient forethought. In any view of the matter, considering the gravity of the allegations and the stage of investigation, the petitioner may not be enlarged on bail now, it is prayed. 4. Having considered all the relevant inputs, I find considerable force in the opposition by the learned Director General of Prosecutions. I am not persuaded to agree that the petitioner is entitled to be enlarged on bail at this early stage of investigation. 4. In the result, this petition is dismissed. However, I may hasten to observe that the petitioner shall be at liberty to move this court or the court below for bail again at a later stage of the investigation not, at any rate, prior to 09/04/2008. The investigating officer shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) jsr B.A.No.1892/08 3 B.A.No.1892/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007