IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Bail Appl..No. 722 of 2008() ---------------------------- CRIME NO. 571/07 OF KAYAMKULAM POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.150/2008 .................... PETITIONER : 11TH ACCUSED ----------------------------- ABDUL ASSISS @ ASSIS (MONICA), AGED 50 YEARS, S/O.UMMERKUNJU, CHALIL VEEDU, KMC WARD NO.IX, KAYAMKULAM. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENTS: ------------- STATE OF KERALA REPRESENTING CIRCLE INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION, 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 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 722 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2008 O R D E R Second application for regular bail. The petitioner is the 11th accused and he faces allegations in a crime registered under Section 302 r/w. 120B I.P.C. The petitioner was allegedly one of the conspirators, who had acted as the link between those who employed the members of goonda gang and the goonda gang to get the services of such goonda gang for the principals, who wanted to make use of their services for liquidation of business rivals of theirs. The incident took place on 11.8.2008, on which day the victim was abducted from a public place seen by many persons and was done away with later on the same day. 2. The crime was initially registered under the caption 'man missing'. Later the dead body was traced in a nearby river. Investigation is in progress. The petitioner was arrested on 20.12.07 and he continues in custody. An earlier application for regular bail filed by the petitioner was dismissed by this Court B.A.No. 722 of 2008 2 by order dt. 14.1.08 in B.A.No. 150 of 2008. Facts have been adverted to in detail in that order. This order must be read in continuation of that order. I am not hence adverting to facts in any greater detail in this order. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The case of the petitioner may be treated differently from the case of the other accused. He has no criminal antecedents whatsoever. Even accepting the allegations, the petitioner had only introduced the 7th accused and he had received an amount of Rs.20,000/- as cut of his from the amounts paid by the principals to the criminals. 4. The learned Prosecutor opposes the application. He submits that to reckon the role of the petitioner differently would certainly send out a wrong message. The petitioner is as much responsible as the person who engaged the criminals. In any view of the matter, the petitioner may not be granted regular bail at this stage. Investigation is in progress. It will be completed expeditiously. At any rate, before the completion of the investigation the petitioner may not be granted regular bail, submits the Prosecutor. B.A.No. 722 of 2008 3 5. In the facts and circumstances, I find the objection to be absolutely justified. I am not persuaded to invoke the jurisdiction under Section 439 Cr.P.C. in favour of the petitioner, notwithstanding the fact that all the accused have by now been arrested and investigation has made substantial progress. 6. Having considered all the relevant inputs, I am satisfied that the petitioner does not deserve to be enlarged on bail now. In the nature of the crime and considering its seriousness I am in agreement with the learned Prosecutor that the Investigators, in a serious crime like this, must be given sufficient time to complete the investigation. 7. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioner shall be at liberty to move this court or the courts below for bail again at a later stage of the investigation, not at any rate, prior to 29.2.2008. The Investigators shall in the meantime make every endeavour to complete the investigation. (R. BASANT) Judge tm B.A.No. 722 of 2008 4