IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1316 of 2008()
1. RASHEED, S/O.KUNHAMMED,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SMT.LATHA PRABHAKARAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :04/03/2008
O R D E R
R. BASANT, J.
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B.A. Nos. 1316 F and 1336 B OF 2008
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Dated this the 4th day of March, 2008
O R D E R
These applications are for regular bail. Petitioners
are accused Nos.2, 4 and 5 in a crime registered alleging
offences punishable, inter alia, under sections 153A and 452
IPC. The petitioners are allegedly activists of an organisation,
members of which had allegedly trespassed into the
residential houses of the de facto complainants. They had
allegedly indulged in acts of violence, mischief and threat after
trespassing into the houses. The alleged incident took place
on 24.1.08. The petitioners were arrested/surrendered on
31.1.08 and 15.2.08. They continue in custody from that date.
2. The learned counsel for the petitioners prays that
the petitioners, who have remained in custody for a long time
by now, may be enlarged on bail.
3. The learned Public Prosecutor opposes the
application. He submits that the petitioners are involved in
many other similar offences on the same date and a serious
BA.1316&1336/08
: 2 :
view is liable to be taken in respect of the petitioners.
Release of the petitioners on bail at this early stage would
hamper the investigation and would also upset the law and
order situation in the locality, submits the learned Public
Prosecutor.
4. Having considered all the relevant inputs, I find
merit in the opposition of the learned Public Prosecutor. I am
not persuaded to grant regular bail to the petitioners at this
early stage. 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. I may
hasten to observe that the dismissal of this petition will not
fetter the rights of the petitioners to approach this court for
regular bail again at later stages of the investigation not, at
any rate, prior to 18/03/2008. The investigators shall, in the
meantime, make every endeavour to complete the
investigation.
(R.BASANT, JUDGE)
aks