IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 4878 of 2007()
1. JAYAN, S/O. GOPALAN ACHARY,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.C.DEVY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :13/08/2007
O R D E R
R.BASANT, J
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B.A.No.4878 of 2007
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Dated this the 13th day of August, 2007
ORDER
Application for regular bail. The petitioner is the 2nd accused.
He faces allegations, inter alia under Sec.397 read with 34 IPC.
Altogether there are six accused persons. The crux of the
allegations is that on 17.4.07 at about 11.30 p.m., the accused
persons committed robbery in furtherance of their common
intention and forcibly took away articles worth Rs.1,14,250/-(gold
ornaments, mobile phone, wrist watch etc.) from the defacto
complainant and his wife who were travelling on a two wheeler.
The petitioner was arrested in some other crime and he allegedly
made confession statement and his arrest was recorded for this
crime on 26.5.07. He continues in custody from that date. The
learned counsel for the petitioner prays that the petitioner may be
now released on bail now. He is absolutely innocent, it is
submitted.
2. The learned Public Prosecutor opposes the application
vehemently. He points out that sufficient data has already been
collected which point to the complicity of the petitioner. The
B.A.No.4878 of 2007 2
allegations are grave. Investigation is in progress. The petitioner
has criminal antecedents. He is involved in many other crimes also.
Regular bail may not be granted to the petitioner at this stage,
submits the learned Public Prosecutor.
3. Having considered all the relevant inputs I find merit in the
opposition by the learned Public Prosecutor and I am satisfied this is
a fit case where the Investigators must be given reasonable further
time to complete the investigation.
4. In the result, this petition is dismissed. I may however,
hasten to observe that the petitioner shall be at liberty to move this
court or the Sessions court for bail again at a later stage of the
investigation not, at any rate, prior to 25/08/2007. The police shall,
in the meantime, make every endeavour to complete the
investigation. Needless to say, if the charge sheet is not filed within
the stipulated time the option for the petitioner to move for default
bail shall remain unfettered by the dismissal of this petition.
(R.BASANT, JUDGE)
sj
/TRUE COPY/
P.A.TO JUDGE