IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1413 of 2008()
1. ASSAINAR ALIAS ASSAINU,
... Petitioner
2. KUTTY HASSAN ALIAS HASSAN, AGED 28
Vs
1. THE STATE REPRESENTED BY THE PUBLIC
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.T.K.SAIDALIKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :11/03/2008
O R D E R
R.BASANT, J
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B.A.No.1413 of 2008
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Dated this the 11th day of March, 2008
ORDER
Application for regular bail. Petitioners are accused 1 and 2.
Altogether there are 4 accused persons. Except the 3rd accused,
all the other accused have by now been arrested. Deceased was
found missing from 12.12.07. On 15.12.07, the crime was
registered under the caption `man missing’. On 18.12.07, the
dead body of the deceased with injuries suffered by it was found
abandoned in a rubber plantation within the jurisdiction of
another police station. Section was altered. Investigation
continued under Section 302 I.P.C. The 4th accused was traced. It
was revealed that the deceased was called to the house of the 4th
accused in furtherance of the common design of all the accused.
There he was attacked with dangerous weapons. He suffered
injuries and succumbed to the injuries. Thereafter the dead body
was removed from the house of the 4th accused and abandoned in
a rubber plantation. Prior animosity is the alleged motive. The
deceased as well as accused 1 and 2 were real estate dealers.
There was some disagreement on certain transaction between the
1st and 2nd accused on the one side and the deceased on the
B.A.No.1413 of 2008 2
other. It is this animosity that had persuaded accused 1 to 4 to
act in consort, induce the deceased to go to the house of the 4th
accused and indulge in culpable acts resulting in the death of the
deceased. The petitioners were arrested on 01.02.08. They
continue in custody from that date.
2. The learned counsel for the petitioners submits that
the petitioners are absolutely innocent. He prays that the
petitioners may now be enlarged on bail.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that available indications
clearly suggest the complicity of the petitioner. At any rate,
investigators in a serious crime like this are entitled for further
time to complete the investigation. The petitioners may not be
granted regular bail at this early stage of investigation, submits
the learned Public Prosecutor.
4. I have considered all the relevant inputs. Having
considered all the relevant circumstances, I find merit in the
opposition by the learned Public Prosecutor. I agree with the
learned Public Prosecutor that in a serious crime like this the
investigator must be given further time to complete the
investigation.
B.A.No.1413 of 2008 3
5. This application for regular bail is, in these
circumstances, dismissed. I may hasten to observe that the
dismissal of this petition will not in any way fetter the right of the
petitioners to approach this Court or court below for bail again at
a later stage of the investigation – not, at any rate, prior to
25.03.08. The investigator shall in the meantime make every
endeavour to complete the investigation.
(R.BASANT, JUDGE)
rtr/-