IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Bail Appl..No. 7941 of 2007() ----------------------------- CRIME NO.419/07 OF MUKKOM POLICE STATION : PETITIONER/2ND ACCUSED: ---------------------------------------- LATHEEF P.K., S/O. MUHAMMED, PALAKKUNNUMMAL HOUSE, THAZHE OMASSERI. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE: ------------------------------- 1. THE SUB INSPECTOR OF POLICE, MUKKOM POLICE STATION. 2. STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.7941 of 2007 ------------------------------------- Dated this the 4th day of January, 2008 ORDER Application for regular bail. Petitioner is the 2nd accused. Altogether there are 4 accused persons. The alleged incident took place on 10.12.07. The crime has been registered for offences punishable under Sections 392 and 394 I.P.C. 2. The defacto complainant, a person, who is not a native of Kerala, had come to Kerala driving a lorry carrying a load of onions from Maharashtra. As he was driving along the road, an autorickshaw overtook his lorry and stopped abruptly in front blocking the further progress of the lorry. 4 miscreants got out from the autorickshaw. They allegedly attacked the driver and took away cash, gold chain and mobile phone which were in the possession of the defacto complainant. They went away in the autorickshaw in which they had come. This incident took place at about 2.30 a.m. The crime was registered at 3 a.m. The number of the autorickshaw was given to the police. They made immediate attempts to trace the autorickshaw and the miscreants. By about 6 o` clock, the autorickshaw was identified B.A.No.7941 of 2007 2 and the accused persons in the autorickshaw were arrested also. The mobile phone and the gold ornament which were thieved have been recovered from the possession of the accused persons at the time of their apprehension. Investigation is in progress. The petitioner continues in custody from 10.12.07. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner has a totally different story to advance. According to him, there was some dispute between the driver of the autorickshaw and the driver of the lorry concerned regarding the refusal of the lorry driver to permit the autorickshaw driver to overtake his vehicle. There was a consequent dispute. False allegations are being raised by the driver of the lorry now. The learned counsel for the petitioner, in these circumstances, prays that the petitioner may now be enlarged on bail. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the indications presently available do not at all support the theory that there was any other dispute between the miscreants and the defacto complainant. According to the learned Public Prosecutor, it was an outright robbery on the highway and serious view is liable to B.A.No.7941 of 2007 3 be taken. The finger prints of the accused have been sent to the bureau. Report is awaited. The antecedents of the accused persons are being checked. At any rate, at this early stage of investigation, the petitioner may not be enlarged on bail, submits the learned Public Prosecutor. 5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am satisfied that in a serious crime like this, the investigator must be given reasonable further time to complete the investigation and the petitioner cannot be enlarged on bail at this early stage. 6. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 18.01.2008. The investigator shall in the meantime make every endeavour to complete the investigation. Sd/- (R.BASANT, JUDGE) rtr/- /true copy/ P.A to Judge