IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 Bail Appl..No. 621 of 2008() ---------------------------- CRIME NO.8/08 OF THRIKKUNNAPPUZHA POLICE STATION CMP.261/2008 of J.M.F.C., HARIPAD .................... PETITIONERS/ACCUSED NOS.1 TO 4 AND 6: ------------------------------------------------------ 1. REGHU, S/O. SANKARAN, AARISSERILVEEDU, CHINGOLI PANCHAYATH, WARD-5, CHINGOLI MURI, CHINGOLI VILLAGE. 2. SARATH KUMAR, S/O. SASI, NADAKKVIL VEEDU, CHINGOLI PANCHAYATH WARD-2. 3. SURESH KUMAR, S/O. SURENDRAN, CHERUKIRETHUTHEKKATHIL VEEDU, KARTHIKAPPALLY PANCHAYATH WARD-5, VETTUVENI MURI, KARTHIKAPPALLY VILLAGE. 4. SARATHCHANDRA KUMAR @ CHANDHU, S/O. RAJASEKHARAPILLAI, PUTHENPURAYIL VEEDU, KARTHIKAPPALLY PANCHAYATH WARD-6,PUTHUKANDAMMURI, KARTHIKAPPALLY VILLAGE. 5. RATHEESH KUMAR, S/O. RAVEENDRAN, RATHEESH BHAVANAM, KARTHIKAPPALLY PANCHAYATH WARD-5, VETTUVENI MURI, KARTHIKAPPALLY VILLAGE. BY ADV. SRI.S.SHANAVAS KHAN SMT.S.INDU RESPONDENTS: COMPLAINANT: ------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 621 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2008 O R D E R Application for regular bail. The petitioners are accused 1 to 4 and 6. Altogether there are seven named accused persons and five more identifiable on sight. All the petitioners are named in the F.I.R. The alleged incident took place on 11.1.2008. The petitioners were arrested on 15.1.2008 and they continue in custody from that date. The incident is one between the C.P.M. and R.S.S. workers. Dangerous weapons, including daggers, were used for the commission of the injuries. Four of them have suffered injuries, of which two persons continue to be in the hospital undergoing treatment, it is reported. Investigation is in progress. 2. The learned counsel for the petitioners submits that the petitioners are innocent. False allegations have been raised against them only because of political animosity. The inclusion of the allegation under Section 307 I.P.C. reveals the prejudice of B.A.No. 621 of 2008 2 the police and the influence which the alleged victims have over the police. The victims belong to CPM and the petitioners belong to RSS. The allegations are raised with the sole intention of harassing the petitioners, taking advantage of the clout which the alleged victims have with the police. The petitioners may now be enlarged on bail, prays the learned counsel. 3. The learned Prosecutor opposes the application. He submits that the allegations raised are serious and grave. The victims have suffered very serious injuries. Two of them even now continue in the hospital. At the moment there is nothing to assume that the petitioners, who have been named in the F.I.R., have no culpable involvement in the incident. The allegations clearly show that the petitioners, along with the co-accused, were members of an unlawful assembly of persons and they had indulged in overt acts in prosecution of their common object. 4. The case diary has been placed before me. I have perused the same, particularly the F.I.R. and the wound certificate. I shall carefully avoid any detailed discussion on merit about the acceptability of the allegations raised or the credibility of the data collected. Suffice B.A.No. 621 of 2008 3 it to say that on an anxious consideration of all the relevant inputs I am satisfied that the petitioners do not deserve to be enlarged on bail now. 5. This application is, in these circumstance, dismissed. But I may hasten to observe that the petitioners shall be at liberty to move the court for bail again at a later stage of the investigation, not at any rate, prior to 14.2.2008. The Investigators shall, in the meantime, make every endeavour to complete the investigation. (R. BASANT) Judge tm