IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 2171 of 2008()
1. ASSAINAR ALIAS ASSAINU, AGEFD 40 YEARS,
... Petitioner
2. KUTTY HASSAN ALIAS HASSAN AGED 28 YEARS,
Vs
1. THE STATE REPRESENTED BY THE PUBLIC
... Respondent
2. THE CIRCLE INPECTOR OF POLICE,
For Petitioner :SRI.T.K.SAIDALIKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :08/04/2008
O R D E R
R.BASANT, J
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B.A.No.2171 of 2008
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Dated this the 8th day of April, 2008
ORDER
Second application for regular bail. Petitioners are accused
1 and 2. Altogether there are 4 accused persons. All the other 3
have by now been arrested, but the 3rd accused has not been
traced so far. Deceased was found missing from 12.12.07. Crime
under the caption `man missing’ was registered on 15.12.07. The
dead body of the deceased with injuries was found abandoned in
a rubber plantation within the jurisdiction of another police
station. Investigation continued under Section 302 I.P.C. The
petitioners were arrested on 01.02.08. Investigation is in
progress. An earlier application for regular bail filed by the
petitioners was dismissed as per order dated 11.03.08 in
B.A.No.1413 of 2008. The petitioners continue in custody from
01.02.08. The learned counsel for the petitioners submits that
the petitioners are innocent. The petitioners were permitted to
move this Court for bail again on a later date not at any rate prior
to 25.03.08. It is accordingly that this petition is now filed. A
lenient view may be taken and the petitioners may be granted
regular bail, it is submitted.
2. The learned Public Prosecutor opposes the application
even now. The learned Public Prosecutor submits that the
B.A.No.2171 of 2008 2
investigation is not complete. The 3rd accused has not been
apprehended so far. The vehicle used to convey the dead body
from the scene of the crime to the rubber plantation had not been
traced so far. Investigation is in progress. In any view of the
matter, the petitioners are not entitled for grant of regular bail,
submits the learned Public Prosecutor .
3. I find merit in the opposition by the learned Public
Prosecutor. I have considered all the relevant inputs. In a serious
crime like this the police is entitled for reasonable further time to
complete the investigation. I have adverted to facts in detail in
the said order. This order must be read in continuation of the said
order. I am hence not adverting to facts in any greater detail in
this order. Suffice it to say that I find no merit in the prayer for
grant of regular bail now.
4. This application for regular bail is, in these
circumstances, dismissed, but with the observation 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 22.04.08. The investigator shall in the
meantime make every endeavour to complete the investigation.
(R.BASANT, JUDGE)
rtr/-