IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 Bail Appl..No. 1080 of 2008() ----------------------------- AGAINST THE ORDER DATED 11/02/2008 IN CMP.NO.739/08 IN CMP.777/2008 of J.M.F.C.,KATTAKADA CRIME NO.29/08 OF VILAPPILSALA POLICE STATION .................... : PETITIONERS/ACCUSED 1 TO 4 ------------------------------------------- 1. THANKACHAN, AGED 38, S/O.GEORGE, PARUTHANPARA CHARAVILA VEEDU, CHOOVALLOOR MURIYIL, VILAPPIL VILLAGE, TRIVANDRUM. 2. REJI DAS @ REJI, AGED 28, S/O.JANADAS, REJI BHAVAN, PARUTHANPARA, CHOVALLOOR MURIYIL, VILAPPIL VILLAGE. 3. ANIL KUMAR, AGED 22, S/O.THEETHOS, MANNARAKUZHIMUGAL VEEDU, CHOVALLOOR MURIYIL, VILAPPIL VILLAGE. 4. SARATH, AGED 19, S/O.MANIKUTTAN, MONILAN, PARUTHANPARA, CHOVALLOOR MURIYIL, VILAPPIL VILLAGE. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH RESPONDENTS: ------------- STATE OF KERALA, REPRESENTED 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 22/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ B.A.No.1080 of 2008 ------------------------------------- Dated this the 22nd day of February, 2008 ORDER Application for regular bail. Petitioners are accused 1 to 4. They face allegations in a crime registered alleging offences punishable under Sections 323 and 367 I.P.C. The alleged incident took place on 07.02.08. Accused 1 to 4, on account of prior animosity against the defacto complainant, allegedly came to the scene in an autorickshaw and a motorcycle. They forcibly dragged the defacto complainant into the autorickshaw and committed acts of violence against him inside the autorickshaw. A crowd of people collected and intercepted the vehicle. Accused 2 to 4 were apprehended at the scene. Accused No.1 took to his heels and could not be apprehended on that day. He was later arrested on 11.02.08. The petitioners continue in custody from the respective dates of apprehension. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They may be granted regular bail now. 3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations are B.A.No.1080 of 2008 2 serious and grave. The conduct of the petitioners threaten the law and order in the community. The petitioners may not be enlarged on bail at this early stage, submits the learned Public Prosecutor . 4. I find merit in the opposition by the learned Public Prosecutor. I am not persuaded to agree that the discretion under Section 439 Cr.P.C can or ought to be invoked in favour of the petitioners at this stage. 5. This application for regular bail is, in these circumstances, dismissed, but with the observation that the petitioners shall be at liberty to move this Court for bail again at a later stage of the investigation - not, at any rate, prior to 07.03.08. The investigator shall in the meantime make every endeavour to complete the investigation. (R.BASANT, JUDGE) rtr/-