IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 Bail Appl..No. 1315 of 2008() ----------------------------- CRIME NO. 47/08 OF EDACHERY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- SALIM, S/O.ISMAIL, AGED 26 YEARS, PUNATHIL HOUSE, AZHIYOOR AMSOM, KOZHIKODE DISTRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENTS: COMPLAINANT-STATE ------------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/03/2008, ALONG WITH BA 1333 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 1315 & 1333 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2008 O R D E R These applications are for regular bail. The petitioners are accused 1 to 3 in a crime registered alleging commission of offences punishable, inter alia, under Sections 153A and 452 r/w. 149 I.P.C. The alleged incident took place on 24.1.2008. Accused 1 to 3 have been remaining in custody from 15.2.08, 26.1.08 and 9.2.2008 respectively. Investigation is in progress. 2. The crux of the allegations against the petitioners is that they along with others had indulged in wanton acts of violence and mischief after trespassing into houses of persons of other communities. Communal hatred had allegedly promoted them to indulge in such alleged culpable conduct. 3. The learned counsel for the petitioners prays that the petitioners, who have remained in custody for some period of time, may be directed to be enlarged on bail now. B.A.Nos. 1315 & 1333 of 2008 2 4. The learned Prosecutor opposes the application. He submits that there are many other similar crimes also against the petitioners. They may not be enlarged on bail at this early stage of investigation, submits the Prosecutor. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. At this early stage of investigation, I am not persuaded to invoke the discretion under Section 439 Cr.P.C. in favour of the petitioners. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners 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 18.3.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) Judge tm