IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 Bail Appl..No. 3627 of 2008() ----------------------------- AGAINST THE ORDER DATED 23/05/2008 IN CMP 2280/08 IN CMP.2279/2008 of J.M.F.C.-I,HOSDRUG CRIME NO.16/06 OF RAJAPURAM POLICE STATION, KASARAGOD DT PETITIONER/ACCUSED 10 -------------------------------------- P.V.SUNIL KUMAR, S/O.N.GOVINDAN NAMBIAR AGED 39 YEARS, KUPPAM, TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR BY ADV. SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI RESPONDENTS: RESPONDENT/COMPLAINANT ----------------------------------- STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, KASARAGOD (CRIME 16/06 OF RAJAPURAM POLICE STATION,, KASARAGOD) REP. BY PUBLIC PROSECU TOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2008, ALONG WITH BA NO. 3629 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.3627 of 2008 B.A.No.3629 of 2008 & B.A.No.3786 of 2008 ----------------------------------------- Dated this the 17th day of June, 2008 O R D E R These petitions are for bail. 2. Petitioner in BA.No.3627 of 2008 is the 10th accused, petitioner in BA.No.3629 of 2008 is the 5th accused and petitioner in BA.No.3786 of 2008 is the second accused in the same crime registered under Sections 452, 341, 326 and 308 read with 34 of Indian Penal Code. 3. According to prosecution, the second accused is a hired gunda. Fifth accused is the driver and tenth accused is the owner of the vehicle, in which the accused went to the house of the defacto complainant to commit the offence. The incident occurred as early as on 20.1.2006. But the second accused was arrested on 20.5.2008. Accused 5 and 10 were arrested on 22.5.2008 and they are in custody since then. 4. Learned Public Prosecutor opposes these applications. It is submitted that many of the co-accused have yet to be apprehended BA.3786/08 & CONNECTED CASES 2 and hence at this stage, if bail is granted to the petitioners, it will be difficult to apprehend the other accused. It is conceded that the first accused was granted bail, but it was pointed out that it was mainly because he was abroad at the time when the offences were committed that bail was granted. The petitioners' case stands on a different footing. 5. Learned counsel for petitioners submitted that the petitioners are in custody for more than 40 days and their detention will not help the investigation. On the facts and circumstances of the case, I find that it may not be proper to grant bail to the petitioners at this stage of investigation especially since they were absconding and they could be arrested only recently, and other accused are yet to be arrested. These petitions are dismissed. K.HEMA, JUDGE vgs.