IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7468 of 2007()
1. K.K.POULOSE @ SAMKUTTY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.S.SREEDHARAN PILLAI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :05/12/2007
O R D E R
R.BASANT, J.
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B.A.No.7468 of 2007
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Dated this the 5th day of December 2007
O R D E R
Application for regular bail. The petitioner faces
allegations under Section 302 I.P.C. He is alleged to have
caused the death of his father’s brother. There were bitter
property disputes between the deceased on the one side and the
petitioner’s father on the other. Civil litigation was also pending.
The deceased was found lying dead with injuries in his
residential premises. A little earlier, the petitioner had gone
there. There used to be disputes between the deceased and the
petitioner herein. The petitioner had always wanted the
deceased to settle the disputes; but the deceased was not
amenable to such requests. On the date in question also, the
petitioner had allegedly gone to the house of the deceased to
request him to settle the disputes. An incident took place there
and in the course of that incident, the deceased was allegedly
beaten to death with a pipe by the petitioner. The petitioner
went away from the scene of the crime. The incident took place
on 6/10/2007. The F.I statement was registered later on the
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same day. The petitioner was arrested on 7/10/2007. The
petitioner’s culpable involvement is mentioned in the F.I
statement itself. He continues in custody from that date.
2. The learned counsel for the petitioner submits that
even if the entire allegations were accepted, it must be noted
that the mission of the petitioner when he proceeded to the
house of the deceased was only to settle the disputes. He was
not armed at all. Even the allegation is only that a pipe which
was found in the premises of the deceased was made use of to
inflict the injury on the deceased. A period of about two months
has already elapsed. The petitioner may in these circumstances
be granted regular bail, prays the learned counsel for the
petitioner.
3. The learned Public Prosecutor opposes the
application. All the available indications point to the complicity
of the petitioner. Investigation is not complete. Investigators in
a serious crime like this are certainly entitled to further time to
complete the investigation, prays the learned Public Prosecutor.
4. Having considered all the relevant inputs, I find merit
in the opposition by the learned Public Prosecutor. I agree with
B.A.No.7468/07 3
the learned Public Prosecutor that the investigators in a serious
crime like this are certainly entitled to further time to complete
the investigation
5. In the result, this petition is dismissed. However, I
may hasten to observe that the petitioner shall be at liberty to
move this court for bail again at later stages of the investigation
not, at any rate, prior to 19/12/2007. The investigating officer
shall, in the meantime, make every endeavour to complete the
investigation.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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B.A.No.7468/07 5
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007