IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3746 of 2007()
1. SUNIL KUMAR @ SURESH, AGED 21,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/06/2007
O R D E R
R.BASANT, J.
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B.A.Nos.3746 & 3763 of 2007
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Dated this the 21st day of June 2007
O R D E R
These petitions for regular bail have been filed by the same
accused persons and they are hence taken up together for
disposal. The learned counsel for the petitioner submits that the
petitioner was actually taken into custody on suspicion of having
committed theft of iron rods, a week prior to 18/5/2007. He was
kept in custody without production before any court and the
local people made a hue and cry about the injustice meted out by
the police. Thereupon, he was shown as arrested in Crime
No.193/2007 under Section 401 I.P.C alleging that he was found
under suspicious circumstances with certain implements in
house breaking. While he was so in custody from 18/5/2007, he
has been implicated in another crime relating to snatching of a
gold chain registered much earlier. His formal arrest in the later
crime has been recorded on 23/5/2007. He, thus, continues in
custody from 18/5/2007 involved in both these cases. The
petitioner’s application for regular bail has earlier been rejected
by this court. The learned counsel for the petitioner submits that
a period exceeding one month having elapsed from the date of
his arrest, the petitioner may now be enlarged on bail in both
cases.
B.A.No.3746 & 3763/07 2
2. The learned Public Prosecutor opposes the
application. The allegation is serious. Investigation is not
complete. On the confession statement made by the accused, the
stolen property in crime No.182/2007 has been recovered also.
In these circumstances, the petitioner may not be enlarged on
bail at this early stage, submits the learned Public Prosecutor.
3. I have considered all the relevant inputs. In the facts
and circumstances of this case, I am satisfied that there is merit
in the opposition by the learned Public Prosecutor. The police in
such a case are certainly entitled to more time to complete the
investigation before the question of release of the petitioner is
concerned.
4. In the result, these petitions are dismissed. I may
hasten to observe that it shall be open to the petitioner to move
this court again at later stage of the investigation, not, at any
rate, prior to 5/7/2007. The police shall, in the meantime, make
every endeavour to complete the investigation in both cases and
place all the relevant facts.
(R.BASANT, JUDGE)
jsr
B.A.No.3746 & 3763/07 3
B.A.No.3746 & 3763/07 4
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007