IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5370 of 2007()
1. SHIJU, AGED 24 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :06/09/2007
O R D E R
R.BASANT, J
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B.A.No.5370 of 2007
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Dated this the 6th day of September, 2007
O R D E R
Application for regular bail. The petitioner faces allegations
for offences punishable, inter alia, under Section 302 read with
120(b) IPC. This is the third application for regular bail. Two
earlier applications were dismissed by this Court as per order
dated 3.8.07 in B.A.No.4652/2007 and 14.8.07 in
B.A.No.4990/2007. I have adverted the facts in detail in the said
orders. It is not hence necessary for me to advert to the facts in
detail in this order. Suffice it to say that this order must be read
in continuation of the two earlier orders referred above.
2. The alleged incident of murder took place on 10.5.07.
The petitioner was arrested on 28.06.07. He continues in
custody from that date. The crux of the allegations against the
petitioner is that he, as a conspirator had furnished information
to the other accused about the movement of the deceased to
enable them to mount the murderous attack on the
victim/deceased.
3. The application for bail is opposed by the learned Public
B.A.No.5370/07 2
Prosecutor. Investigation is not yet completed. In the light of the
contention of the learned counsel for the petitioner that there is
no material to show that the petitioner had contumacious
intention, I had requested the learned Public Prosecutor to place
the case diary before me. I have considered the entire materials
once again. I have, in particular, been taken through the
Confession Statements of the principal accused as also the
petitioner herein. Other data available have also been considered.
There are indications to suggest that the petitioner had facilitated
the commission of the crime and had made efforts to locate the
deceased to trace his movements and to promptly convey the
same to the principal offenders to enable them to unleash the
murderous attack on the victim/deceased. Indications are there
also to suggest that the petitioner had an axe to grind against
the deceased. I shall not embark on a detailed discussion on
the acceptability of the allegations and the credibility of the data
collected. Suffice it to say that I am not persuaded to agree
that this is a fit case to grant regular bail to the petitioner at this
early stage. I am satisfied that the Investigators are
B.A.No.5370/07 3
certainly entitled to further time to complete the investigation.
4. In the result this application is dismissed. However, I
may 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 20.09.07. The
Investigators shall, in the meantime, make every endeavour to
complete the investigation,.
(R.BASANT, JUDGE)
sj
//True Copy//
PA to Judge
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