IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Bail Appl..No. 1583 of 2008() ----------------------------- CRIME NO.44/08 OF IRIKKUR POLICE STATION : PETITIONER/IST ACCUSED --------------------------------------- KANNOTH LAKSHMANAN, S/O.ADICHATHU KUNHIRAMAN, MALAPPATTAM AMSOM CHOOLIYAD DESOM, TALIPARAMBA TALUK KANNUR DT. BY ADV. SRI.B.PREMNATH (E) RESPONDENTS: ------------- STATE,REPRESENTED BY THE STATION HOUSE OFFICER,IRIKKUR POLICE STATION, KANNUR DT (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 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1583 of 2008 ------------------------------------- Dated this the 18th day of March, 2008 ORDER Application for regular bail. Petitioner is the 1st accused. He faces allegations in a crime registered alleging offences punishable under Sections 452 and 395 I.P.C. I have adverted to facts in detail when an anticipatory bail application of the co- accused was considered and disposed of as per order dated 12.03.08 in B.A.No.1520 of 2008. This order must be read in continuation of the said order. I am not hence adverting to facts in any greater detail in this order. 2. The learned counsel for the petitioner submits that the petitioner is innocent. He may now be granted regular bail, it is prayed. The petitioner was, in fact, taken into custody on 23.02.08, but his arrest was recorded only on 25.02.08, submits the learned counsel for the petitioner. It is, in these circumstances, prayed that the petitioner may be granted regular bail now. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the investigation is not complete. Some of the co-accused still remain at large. Allegations are serious. Because of a property dispute between B.A.No.1583 of 2008 2 the petitioner and his father's brother, the petitioner had engaged mercenaries and had attempted to assault, cause injury and coerced the victim to subscribe his signatures to documents. In any view of the matter, the investigators may be given reasonable further time to complete the investigation, submits the learned Public Prosecutor. 4. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I agree with the learned Public Prosecutor that in a serious crime like this the investigator must be given reasonable further time to complete the investigation. Subject of course to appropriate conditions, the petitioner can now be directed to be released on bail. i) The petitioner shall not be released on the strength of this order prior to 01.04.2008. The Investigators shall in the meantime make every endeavour to complete the investigation; ii) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate; iii) The petitioner shall make himself available for interrogation before the Investigating Officer between 10 a.m and 12 noon on all Mondays and Fridays for a period of 2 months from the date of his release and thereafter as and when directed by the Investigating Officer in writing to do so. B.A.No.1583 of 2008 3 (R.BASANT, JUDGE) rtr/-