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MANOJ, S/O.SUDHAKARAN, NADUMURI HOUSE versus STATE OF KERALA, REPRESENTED BY THE

High Court of Kerala

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MANOJ, S/O.SUDHAKARAN, NADUMURI HOUSE v. STATE OF KERALA, REPRESENTED BY THE - Bail Appl No. 5058 of 2007 [2007] RD-KL 16098 (20 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5058 of 2007()

1. MANOJ, S/O.SUDHAKARAN, NADUMURI HOUSE,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY THE
... Respondent

For Petitioner :SRI.P.S.SREEDHARAN PILLAI

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :20/08/2007

O R D E R

R.BASANT, J

= = = = = = = = = = = = = B.A.No.5058 of 2007 = = = = = = = = = = = = = =

Dated this the 20th day of August, 2007

ORDER

Application for regular bail. The petitioner is at present the second accused in the crime registered under Section 399 IPC. The alleged incident took place on 20.06.07. He along with the other accused was allegedly available in a building and they were allegedly preparing to commit offences like theft and robbery. On receipt of prior information, the Police went to scene of the crime. The accused along with another allegedly went away in an auto rickshaw. The petitioner is named in the FIR. He could not be arrested. Later, on 10.7.07, the petitioner surrendered before the learned Magistrate . He continues in custody from the date of his surrender.

2. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner was not present at all at the scene. His name has been unnecessarily included as an accused in the FIR. Such inclusion was with oblique and mala fide motives. The petitioner was earlier released in a crime B.A.No.5058 of 2007 2 subject to condition, inter alia, that the petitioner should not enter the jurisdiction of the concerned police station. To make it appear that the petitioner violated the condition, the petitioner has been unnecessarily dragged into this crime. An application for cancellation of the bail granted in the earlier case also has been moved by the Investigating Officer. The petitioner has remained in custody from 10.07.07. The petitioner may now be enlarged on bail, it is prayed.

3. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the petitioner has violated the terms of the bond executed by him in the earlier crime. Application for cancellation of bail is pending. Investigation is not completed. In these circumstances, the petitioner may not be enlarged on bail now, submits the learned Public Prosecutor.

4. I find merit in the opposition by the learned Public Prosecutor and I am not persuaded to grant regular bail to the petitioner at this early stage. Investigators, in a serious crime B.A.No.5058 of 2007 3 like this, are certainly entitled to reasonable further time to complete the investigation.

5. In the result, this petition is dismissed. However, I may hasten to observe that the petitioners 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 04/09/2007. The police shall, in the meantime, make every endeavour to complete the investigation by then.

(R.BASANT, JUDGE)

sj /TRUE COPY/

P.A.TO JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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