IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 7811 of 2007()
1. SHEREEF, S/O. MUHAMMED BASHEER,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.O.V.MANIPRASAD
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/12/2007
O R D E R
R.BASANT, J
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B.A.No.7811 of 2007
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Dated this the 19th day of December, 2007
ORDER
Application for regular bail. Petitioner is the 2nd accused in a
crime registered under Section 394 I.P.C. The crux of the
allegations raised against the petitioner is that he along with the
co-accused was travelling in a motor cycle and they in
furtherance of their common intention snatched a gold chain worn
by the defacto complainant/victim. The alleged incident took
place on 18.01.05. The petitioner was later arrested in
connection with some other crime. Thereafter his arrest has been
noted in the present crime also. He continues in custody from
22.10.07. Investigation is in progress. The co-accused (1st
accused) has not been arrested yet. Investigation is in progress.
2. The learned counsel for the petitioner submits that the
petitioner who has remained in custody from 22.10.07 may now
be enlarged on bail subject to appropriate terms and conditions.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the petitioner is
involved in other crimes also. The nature of allegations may be
B.A.No.7811 of 2007 2
taken into consideration. The fact that the co-accused has not
been apprehended yet may also be taken note of. It is too early
to consider the release of the petitioner on bail now, submits the
learned Public Prosecutor.
4. I find merit in the opposition by the learned Public
Prosecutor. I take note of the submission of the learned Public
Prosecutor that the section of the crime shown in the order of
Sessions Judge is not correct and the crime is registered under
Section 394 r/w 34 I.P.C. I am not satisfied that the petitioner
deserves to be enlarged on bail at this stage in a serious crime
like this. Co-accused has not been arrested so far. I am unable to
agree that the petitioner is entitled to the invocation of the
discretion under Section 439 Cr.P.C at this stage.
5. 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 for bail again at a
later stage of the investigation – not, at any rate, prior to
03.01.08. The investigators shall in the meantime make every
endeavour to complete the investigation.
(R.BASANT, JUDGE)
rtr/-
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