THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO Crl.P.No.10426 of 2011 ORDER:- The application is filed for release of the accused persons, who are involved in Cr.No.134 of 2011 on the file of Pendlimarri Police Station, Kadapa District. According to the counsel for the petitioners, Accused No.3 was not at all present at the time of offence and in fact there is sufficient material to accept that he was at Hyderabad and in support of it he filed Air ticket and also proof with regard to stay in a hotel and consequently it is a case of implication of A-3. So far as Accused Nos.11 to 15 are concerned, the learned Senior Counsel contended that their names are not there and they were falsely implicated subsequently. The learned Public Prosecutor on the other hand opposed the bail. Evidently, the parties are in a faction village and the cases are pending. The deceased is said to have been killed when he went to attend the court. Except an interim charge sheet, final charge sheet is not filed. A reading of the First Information Report clearly goes to show that specific overt- acts are attributed to Accused Nos.1 to 5 and also the presence of Accused Nos.11 to 15 is mentioned. The nature of the offence clearly shows that there was a planned murder because of faction. The plea of alibi cannot be entertained at this stage when the overt acts and the name of Accused No.3 was mentioned in the F.I.R. and the conspiracy is said to have been at his instance. Merely because, some other accused were released, it does not mean that prime accused are entitled for the same benefit. In view of the nature of the offence and as the investigation has not yet completed, I feel at this stage, it is not a case for grant of bail to the petitioners and accordingly the petition is liable to be dismissed. Accordingly, the Criminal Petition is dismissed. _______________________ N.R.L. NĀGESWARA RĀO,J 03-11-2011 TSNR