The High Court of Kerala dismissed a bail application filed by a third accused in a robbery case involving criminal antecedents. The court held that the investigation was at an early stage and required sufficient time.
Bail application dismissed; liberty to move for bail again granted after 7.11.2007.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
WEDNESDAY, THE 24TH OCTOBER 2007 / 2ND KARTHIKA 1929
Bail Appl..No. 6241 of 2007() ----------------------------CRIME NO. 174/07 OF KORATTY POLICE STATION AGAINST THE ORDER DATED 13/09/2007 IN CR.NO.174/2007 IN CRMP.11435/2007 of J.M.F.C.,CHALAKUDY
PETITIONER : 3RD ACCUSED (IN CUSTODY):
SABU, S/O.KASIM, KOTTAPADIKKAL HOUSE, CHALAKUDY.
BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA
RESPONDENTS: COMPLAINANT:
STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KORATTY POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
O R D E R
Application for regular bail. The petitioner is the third accused in a crime registered for offences punishable, inter alia, under Section 398 I.P.C. The alleged incident took place on 25.4.2007. The defacto complainant, who was proceeding in a car along with some others in connection with his work of collecting amounts from the persons, to whom chicken had been supplied and was carrying an amount of Rs.4.3 Lakhs, was allegedly stopped by the miscreants, who came in another car. Attempt was made to rob the defacto complainant of such amounts. Damage was caused to car in which he was travelling. The prosecution has a case that the miscreants were actually not intending to attack the defacto complainant, but they were intending to attack some carriers of Hawala money. But on account of mistaken identity the overt acts were committed against the petitioner. In the F.I.R. no accused person is named. The number of the car, in which the miscreants had come was specified. Investigation proceeded in that direction. The owner of the car was
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traced. From the owner it was revealed that the vehicle was in the possession of the 7th accused at the relevant time. He was arrested and interrogated. The Investigating Officer then came to know of the complicity of seven accused persons, including the petitioner herein. He was arrested long later on 11.9.2007 and he continues in custody from that date.
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the time of the incident. Even though there are inadequacies and inelegance in the narration of the sequence of events in the remand report, I am satisfied that there is merit in the opposition by the learned Prosecutor. The allegations raised are very serious. The petitioner has criminal antecedents. Investigation is at a very early stage. In a serious crime like this the Investigators deserves to be given sufficient and reasonable time to complete the investigation.
(R. BASANT) Judge
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2 issues framed by the court
Whether the petitioner should be granted bail pending investigation in a case involving robbery allegations where he is an accused with criminal antecedents.
Whether the petitioner can be enlarged on bail given that the investigation is at a very early stage and serious charges are involved.
SABU, S/O.KASIM
STATE OF KERALA
R. BASANT
As recorded by the court registry
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