IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 452 of 2008()
1. OGIEFO GARVIN UMAR, AGED 28 YEARS,
... Petitioner
2. PRINCE WILL KENECHUKUV OKAFAR,
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/01/2008
O R D E R
R. BASANT, J.
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B.A. No. 452 OF 2008 D
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Dated this the 25th day of January, 2008
O R D E R
Second application for regular bail. Petitioners
face allegations in a crime registered for offences punishable,
inter alia, under Sections 489A, B and C and 468 read with 34
IPC. The petitioners were arrested on 18.11.07. They
continue in custody from that date. The CBCID has taken
over investigation from 3.1.08. Final report has not been filed
yet. An earlier application for regular bail filed by the
petitioners was dismissed as per order dated 7.1.08 in
BA.8117/07.
2. I have adverted to the facts in detail in the said
order dated 7.1.08. This order must be read in continuation of
the said order and I am not, hence, adverting to the facts in
any greater detail in this order.
3. The learned Public Prosecutor submits that the
investigation is not complete. A co-accused has been
arrested subsequently. In a serious crime like this, where the
BA.452/08
: 2 :
petitioners are foreign nationals, the investigators may be
granted reasonable further time to complete the investigation.
Some passports are to be traced. Those vital documents are
said to be available in Bombay with some persons as
entrusted by the petitioners. If the petitioners were released
on bail, it will seriously harm to the course of the investigation,
submits the learned Public Prosecutor.
4. I find merit in the opposition of the learned Public
Prosecutor. I am satisfied that in a crime like this,
investigators must be given some further time to complete the
investigation.
5. 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
08/02/2008. The investigators shall, in the meantime, make
every endeavour to complete the investigation.
(R.BASANT, JUDGE)
aks