IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 Bail Appl..No. 1153 of 2008(A) ------------------------------ C.R.NO. 38/08 OF MANJESWARAM POLICE STATION CMP.1012/2008 of J.M.F.C.,KASARAGOD .................... PETITIONER/ACCUSED 1 TO 5 ----------------------------------- 1. ABOOBACKER SIDDIQUE @ KARUPPA SIDDIQUE, S/O.ABDULLA, AGED 22, SUBHAY NAGAR HOUSE, KANNATIPPARA, KUBANUR GRAMAM, NOW AT QUARTERS OF BADOOR, MAJAL, KUNJATHUR MALA. 2. MOIDEEN SHEBIR, AGED 20, S/O.SHAIKALI, MUBARAK MANZIL, NEAR KUKKAR GHS, KUKKAR, MANGALPEDY GRAMAM, NOW AT MUTTAM QUARTERS OF THANGAL. 3. ISMAIL @ APPU, AGED 22, S/O.UMMER, HIDAYATH BAZAR, UPPALA GRAMAM. 4. MUHAMMED ASHRAF.K.M., AGED 23, S/O.ADAM, M H QUARTERS, MUTTAM, SHIRIYA GRAMAM. 5. UMMER FAROOQ, AGED 19, S/O.MUHAMMED, NEAR PATHODY BRIDGE, UPPALA, MULINJJA VILLAGE, NOW AT ADUKA, B.M.QUARTERS. BY ADV. SRI.VARGHESE C.KURIAKOSE SRI.PRAVEEN K. JOY RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MANJESWARAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1153 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of February, 2008 O R D E R Application for regular bail. The petitioners are accused 1 to 5. Altogether there are five accused persons. They face allegations in a crime registered for offences punishable under Sections 402 and 332 and Section 3 of the PDPP Act. The alleged incident and arrest took place on 1.2.2008. A police patrol party found the petitioners moving around under suspicious circumstances within the jurisdiction of that police station. When attempt was made to intercept them, the accused persons attempted to deter the police officials in the discharge of their duty by knocking the vehicle, in which they were, against the police vehicle. Two police officials have suffered injuries also. The vehicle was damaged. The petitioners were chased and arrested. They remain in custody from 1.2.2008. 2. It is the case of the prosecution that the petitioners were involved in several crimes in the locality relating to theft of B.A.No. 1153 of 2008 2 kerosene. The petitioners have criminal antecedents also. In any case the investigation is not complete. Final report has not been filed. The question of release of the petitioners on bail may not be considered at this juncture, submits the learned Prosecutor. 3. Having considered all the relevant inputs, I find merit in the opposition by the learned Prosecutor. I am satisfied that at this early stage of investigation, the petitioners are not entitled to be released on bail. The Investigators, in a serious crime like this, must be given sufficient time to complete the investigation, I am satisfied. 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 14.3.2008. The Investigators shall, in the meantime, make every endeavour to arrest the co-accused and complete the investigation. (R. BASANT) tm Judge B.A.No. 1153 of 2008 3