IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 Bail Appl..No. 4727 of 2008() ----------------------------- (IN CRIME NO. 211/2008 OF NEDUPUZHA POLICE STATION) .................... APPLICANTS /ACCUSED NOS. 1, 3 & 4 (IN CUSTODY): --------------------------------------------- 1. RENJITH, S/O.RAVI, AGED 28 YEARS, KADAVI VEETIL, CHIYYARAM VILLAGE, CHIYYARAM DESOM, THRISSUR. 2. PRINCE @ KUTTIPRINCE, AGED 28 YEARS, S/O.JOSE, THACHIL HOUSE, ARIMBOOR, THRISSUR. 3. JITH ALIAS JIJITH, AGED 22 YEARS, S/O.MANIKANDAN, KURIAKOTT HOUSE, KUTTIMUCK, THRISSUR. BY ADV. SRI.SANTHOSH P. PODUVAL SMT.R.RAJITHA RESPONDENT/COMPLAINANT: ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, NEDUPUZHA POLICE STATION. BY SRI. K.S.SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------ B.A. No.4727 OF 2008 ------------------------------ Dated this the 28th day of July, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Section 399 IPC, Section 27 of the Arms Act and Section 4 read with Section 9(b) of the Explosives Act. The petitioners are the 1st, 3rd and 4th accused in the crime. According to the prosecution, on 09.05.2008 at about 11.45 p.m., petitioners assembled at a place with a view to committing dacoity, after making preparations for the same armed with deadly weapons like swords, daggers, country bombs etc. On seeing the police accused Nos.1 to 6 escaped. Accused Nos.7 to 9 were arrested. First accused was arrested on 19.05.2008. Third and fourth accused were arrested on 24.05.2008. 3. Learned counsel for the petitioners submitted that all other co-accused are granted bail and the petitioners are refused bail only because they are involved in other cases. The petitioners are prepared to abide by any condition as imposed by B.A.4727/2008 2 this Court, it is submitted. 4. Learned Public Prosecutor pointed out that there are 11 cases against the 1st accused, 4 cases against the 3rd accused and 2 cases against the 4th accused and that the 1st accused is a convict in a murder case. This petition is opposed on the ground that the investigation is at the preliminary stage. On hearing both sides I am satisfied that it is not fit to grant bail to the petitioners at this stage. The petition is dismissed. K.HEMA, JUDGE pac