IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4107 of 2008() ----------------------------- Cr.NO.138/08 OF THE NEDUPUZHA POLICE STATION PETITIONER/ACCUSED NO.7 ---------------------------------------- SANDEEP, S/O.GANGADHARAN, AGED 28, KUNNAMBATH HOUSE, VATTAPPINI, KANIMANGALAM DESOM, THRISSUR DIST. BY ADV. SRI.M.H.HANIL KUMAR SRI.A.P.VASAVAN RESPONDENTS: COMPLAINANT/STATE ------------------------------ 1. SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION, THRISSUR DIST, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031. BY DIRECTOR GENERAL OF PROSECUTION SRI.P.G.THAMPI PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No.4107 of 2008 ----------------------------------------- Dated this the 30th day of June, 2008 O R D E R This petition is for bail. 2. Petitioner is the 7th accused. The alleged offences are under Sections 109, 143, 147, 148, 341 and 302 read with 149 of Indian Penal Code. There are two rival goonda groups. A person from one of such groups was murdered and hence as a retaliation to the said murder another murder was committed by petitioner and others. Petitioner who is the brother-in-law of the victim of the first murder case, decided to commit murder of one of the members of the rival goonda groups. He conspired with other accused and arranged money and all aids to other accused to commit murder. Thereafter, the accused, who are also goondas by themselves, formed an unlawful assembly and committed murder of deceased Soniappan. 3. Learned Director General of Prosecution submitted that the petitioner is not only a goonda, but he is the main person behind the present incident. It is submitted that the petitioner is an accused in 10 cases and if he is released on bail, it is likely that there will be again blood-shed. The enmity is not still over and as BA.4107/08 2 per the intelligence report, the other group is waiting for the release of the petitioner to react. Therefore, this petition is strongly opposed, it is submitted. 4. Learned counsel for petitioner submitted that the petitioner is prepared to abide by any condition imposed by this Court. The petitioner surrendered before the lower court on 2.4.2008 and he is in custody for the past more than 75 days, it is submitted. 5. On hearing both sides, on the facts of this case, I am not persuaded to grant bail to the petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE vgs.