IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Bail Appl..No. 586 of 2008() ---------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.91/2008 Dated 10/01/2008 CRLMP.2894/2007 of DISTRICT COURT, KASARAGOD CRIME NO.762/07 OF KASARAGOD POLICE STATION .................... PETITIONERS/ACCUSED ------------------------------------ 1. SHAMSU, S/O.ABDUL REHIMAN, NEAR MOIDEEN PALLI, MOGRAL, KUMBALA. 2. HARIS PERVAD, S/O.HASSAINAR PERVAD, KUMBALA, KASARAGOD. 3. RAFEEQUE @ EPPY, S/O.ABDUL RAHIMAN, AZAD NAGAR, CHOWKI, POST KUDLU. 4. JALEEL, S/O.MOIDEEN CHOWKI, POST KUDLU. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. STATION HOUSE OFFICER, KASARGOD. 2. STATE REP; BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ```````````````````````````````````````````````````` B.A. No. 586 OF 2008 ```````````````````````````````````````````````````` Dated this the 1st day of February, 2008 O R D E R Second application for regular bail. Petitioners are accused Nos.1, 2, 5 and 6. The alleged incident took place on 20.11.07. Crime has been registered, inter alia, under section 302 read with 149 IPC. Petitioners have remained in custody from 23.11.07. Investigation is not complete. Some other co-accused have not been arrested yet. The learned Public Prosecutor opposes the application. 2. I have already adverted to the facts in detail in the order dated 10.1.08 in BA.91/08. This order must be read in continuation of the said order. I am not, hence, adverting to the facts in any greater detail in this order. 3. I find merit in the opposition by the learned Public Prosecutor. Investigators in a serious crime like this are certainly entitled to further time to complete the investigation. BA.586/08 : 2 : 4. In the result, this petition is dismissed. However, I may hasten to observe that the petitioners shall be at liberty to move this court or the Sessions court for bail again at later stages of the investigation not, at any rate, prior to 15/02/2008. The investigators shall, in the meantime, make every endeavour to complete the investigation. (R.BASANT, JUDGE) aks