IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6819 of 2007()
1. A.DILSHAD, S/O.AMAN,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
For Petitioner :SRI.B.MOHANLAL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :12/11/2007
O R D E R
R. BASANT, J.
-------------------------------------------
B.A. NO. 6819 of 2007
-------------------------------------------------
Dated this the 12th day of November, 2007
ORDER
Application for regular bail. The petitioner faces
allegations for offences punishable, inter alia, under Secs.
364A and 120B of the IPC. The petitioner was arrested on
24/10/07. He continues in custody from that date.
2. The crux of the allegations against the petitioner is
that the de facto complainant had a monitory dispute with the
1st accused. Because of such strain in their relationship, the
1st accused had entered into a conspiracy along with other
accused. Accused 2 to 10 were engaged to perform the
physical act of taking away the victim in a Qualis car to a
place where he was detained secretly. He had attempted to
escape from custody. He was allegedly manhandled. The
petitioner had come to this Court earlier with an application
for anticipatory bail. By order dated 16/10/07 in
B.A.No.6152/07, that application was dismissed. The
B.A. NO. 6819 of 2007 -: 2 :-
petitioner had later surrendered before the learned Magistrate
on 24/10/07. He continues in custody from that date. He was
given over to the police custody. He was allegedly interrogated
and some recoveries were effected also, it is submitted.
Altogether, there are 13 accused persons. Accused 1, 7 and 11
to 13 alone have been apprehended so far. Investigation is in
progress.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. He prays that he may be
enlarged on bail.
3. The learned Public Prosecutor opposes the application
for regular bail. The learned Public Prosecutor submits that the
co-accused have not been arrested so far. The police have had
no reasonable and sufficient time, after the arrest of the
petitioner, to complete the investigation. It is true that two of
the accused persons i.e., accused 12 and 13 have already been
granted regular bail by this Court. They were released on bail
after they spent a long period of time in custody. In these
circumstances, the petitioner may not be enlarged on bail now
B.A. NO. 6819 of 2007 -: 3 :-
submits the learned Public Prosecutor.
4. I have considered all the relevant inputs. While I find
merit in the submission of the learned Public Prosecutor that the
police is entitled for reasonable time after the arrest of the
petitioner to complete the investigation, I am not persuaded to
agree that the petitioner must be compelled to remain in custody
endlessly to facilitate completion of the investigation.
Reasonable further time can be granted to the police to
complete the investigation. The petitioner can now be granted
regular bail subject to appropriate conditions, I am satisfied.
5. In the result:
(a) This application is allowed. The petitioner shall be
released on bail on the following terms and conditions:
(i) The petitioner shall not be released from custody on the
strength of this order prior to 22/11/07. The Investigator shall,
in the meantime, make every endeavour to complete the
investigation.
(ii) The petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties each for the
B.A. NO. 6819 of 2007 -: 4 :-
like sum to the satisfaction of the learned Magistrate.
(iii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of three
months and thereafter as and when directed by the
Investigating Officer in writing to do so.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge