High Court Kerala High Court

Senthil Kumar vs State Of Kerala on 7 January, 2008

Kerala High Court
Senthil Kumar vs State Of Kerala on 7 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 4 of 2008()


1. SENTHIL KUMAR, AGED 37,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.VINCENT JOSEPH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :07/01/2008

 O R D E R
                            R. BASANT, J.
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                       B.A.No. 4 of 2008
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             Dated this the 7th day of January, 2008

                               O R D E R

Application for regular bail. The petitioner faces

allegations in a crime registered, inter alia, under Section 302

I.P.C. The petitioner is the 9th accused. Altogether there are 11

accused persons. This court had occasion to consider the facts of

this case in detail when the 10th accused came before this Court

with an application for anticipatory bail. By order dt.14.12.2007

in B.A.No. 7662 of 2007 the said prayer of the 10th accused was

turned down. Facts have been adverted to in detail in that order.

This order must be read in continuation of that order. I am not

hence adverting to facts in any greater detail in this order.

2. The crux of the allegations is that the deceased was an

employee under the 10th accused, a jaggery merchant. After

working for some time as employee of the 10th accused, the

deceased wanted to do identical business on his own. The

petitioner/A9 is another jaggery merchant of the locality.

B.A.No. 4 of 2008
2

Accused 9 and 10 entertained animus against the deceased. They

were jealous against the deceased, who was eating into the business,

which accused 9 and 10 were enjoying. They allegedly conspired.

Accused No.9 allegedly engaged accused 1 to 8. The mission was to

liquidate the deceased. He was taken away from a market in a vehicle.

Crime was registered under the caption ‘man missing’ initially. The

dead body of the deceased was traced later. Investigation revealed the

complicity of accused 9 and 10, who had allegedly engaged accused 1

to 8 to carry out the mission. Investigation is in progress. 10th accused

was not arrested. 9th accused continues in custody from 21.11.2007.

3. The learned counsel for the petitioner submits that the

petitioner is innocent. The petitioner may now be enlarged on bail,

subject to appropriate terms and conditions. He having remained in

custody from 21.11.2007, it is not necessary to insist on further

incarceration of the petitioner, submits the counsel.

4. The learned Prosecutor opposes the application. Investigation

is not complete. Allegations are serious. Hire lings/mercenaries have

been engaged by the 10th accused in an attempt to liquidate the

deceased. The available indications point to the culpability of the

B.A.No. 4 of 2008
3

petitioner. He may not be enlarged on bail, submits the learned

Prosecutor.

4. 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 petitioner is not entitled to be released on

bail. The important co-accused has not been arrested yet. 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 petitioner 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 21.1.2008. The Investigators

shall, in the meantime, make every endeavour to arrest the co-accused

and complete the investigation.

(R. BASANT)
Judge
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