IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 1742 of 2008()
1. USSAINAR, AGED 40 YEARS,
... Petitioner
Vs
1. THE STATE,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.T.K.SAIDALIKUTTY
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :19/03/2008
O R D E R
R. BASANT, J.
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B.A.No. 1742 of 2008
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Dated this the 19th day of March, 2008
O R D E R
Application for regular bail. The petitioner is the 4th
accused. Altogether there are four accused persons. They face
allegations in a crime registered, inter alia, under Sections 120B
and 302 I.P.C. Initially it was a crime registered under the
caption ‘man missing’. The deceased was found missing. Crime
was registered. In the course of the investigation it was revealed
that the dead body of the deceased with injuries suffered by its
was abandoned in a rubber plantation within the jurisdiction of
another police station. The section of offence was altered.
Investigation continued under Section 302 I.P.C. In the course of
investigation it was revealed that all the four accused had
conspired to do away with the deceased on account of prior
animosity and disputes between them. He was attracted to the
house of the 4th accused, where all the four accused were present.
They caused his death by inflicting injuries. Thereafter the body
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was removed and abandoned. The petitioner was arrested on
26.1.2008. Accused 1 and 2 were arrested on 1.2.2008. The third
accused has also been arrested by now. Investigation is not complete.
Final report has not been filed.
2. The learned counsel for the petitioner submits that the
petitioner is innocent. At any rate, the petitioner, who has remained in
custody from 26.1.2008, may now be enlarged on bail, subject to
appropriate conditions, prays the learned counsel.
3. The learned Prosecutor opposes the application. Allegations
are serious. Investigation is not complete. Considering the totality of
circumstances, the petitioner may not be enlarged on bail at this stage,
submits the Prosecutor.
4. I have considered all the relevant inputs. I am satisfied that
the petitioner is not entitled for regular bail at this stage. In coming to
this conclusion I have taken note of the nature and gravity of the
allegations raised, the quantum and quality of materials collected as
also the stage of investigation in this case.
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5. This application is, in these circumstance, dismissed. But I
may hasten to observe that the petitioner shall be at liberty to move the
court for bail again at a later stage of the investigation, not at any
rate, prior to 2.4.2008. The Investigators shall, in the meantime, make
every endeavour to complete the investigation.
(R. BASANT)
Judge
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