IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 Bail Appl..No. 5108 of 2008() ----------------------------- CRIME NO.228/2008 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM PETITIONERS : ACCUSED 2 AND 4: --------------------------------- 1. SHYJU, AGED 24 YEARS, S/O.THULASEEDHARAN TC 12/963, BARTON HILL, THIRUVANANTHAPURAM. 2. ALPHONSE CRUZ, AGED 32, S/O.JOSEPH CRUZ, TC 12/842, BARTON HILL, KUNNUKUZHI, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLICL PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.No. 5108 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2008 O R D E R Application for bail. 2. The alleged offences are under sections 326, 307, 201 read with section 34 IPC. According to prosecution, defacto-complainant's husband, who is injured in this case and accused were close associates. The injured was in jail for some time and after his release, 1st accused wanted to meet him at his house. When he went to the house of the 1st accused, all the accused in this case assaulted the injured and the 1st accused chopped off his right hand by using a chopper. Petitioners who are accused 2 and 4 wrongfully restrained the injured and they committed the offence in furtherance of their common intention. 3. Learned counsel for the petitioners submitted that the injured went to the house of the 1st accused with a gas cylinder, switched on the gas cylinder and allowed the gas to leak in an attempt to commit to murder of the inmates of the house. At that time, the the 1st accused and the defacto-complainant had fought against each other and in BA 5108/2008 -2- the incident something happened but the petitioners are innocent of the allegations made. 4. This application is strongly opposed. Petitioners were arrested on 2-7-2008 and the investigation is still going on. The incident happened on 27-6-2008. The 1st accused is not yet arrested. Recovery of weapons is not over. 5. Learned counsel for the petitioners submitted that the 1st accused is deliberately not being arrested, though he surrendered in connection with another crime and the police was aware of the fact. Police is not recording his arrest in this case, with a view to oppose the bail application filed by co-accused, it is submitted. Learned Public Prosecutor submitted that he has no instruction regarding this allegation. 6. On considering the nature of the offence, I find that it may not be proper to grant bail to the petitioners at this stage. The application is dismissed. K. HEMA, JUDGE. mn.