IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 Bail Appl..No. 6051 of 2008() ----------------------------- CMP.9960/2008 of J.M.F.C.,CHAVAKKAD CRIME NO.452/08 OF PAVARATTY POLICE STATION PETITIONERS: -------------------- 1. SHIYAD, S/O. MUHAMMED, AMBALATHU VEETIL, MARUTHAYOOR KAVALA DESOM, PAVARATTY VILLAGE DESOM, THRISSUR. 2. RAHIM O ABDUL RAHIM, S/O. AHAMMADKUTTY, THOCHILAKATHU VEEDU, MARUTHAYOOR, -DO- BY ADV. SRI. RANJIT BABU SRI.V.V.JOY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 6051 of 2008 ----------------------------------------- Dated this the 20th October, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 120(B), 153(A), 201, 212, 302 read with Section 34 of Indian Penal Code. According to prosecution, petitioners, who are accused 7 and 8, conspired with other accused to commit murder of 6 workers of RSS and they decided to target one-by-one. 7th and 8th accused followed the deceased Baiju, who was an auto rickshaw driver, who was engaged in taking children to the school. After dropping the children, while he was coming out of the school accused 7 and 8 gave information to accused 1 to 3 and they accordingly reached the spot and assaulted him and committed his murder. There are 14 accused altogether in this case. 3. Learned counsel for petitioners submitted that the petitioners are innocent of the allegations made. Actually one Thilakan was targeted and he was not found. As per the allegations, petitioners only conveyed this information to the other accused, but, another person was killed, for which petitioners BA.6051/08 2 cannot be made liable in any manner. Hence, petitioners may be granted bail, it is submitted. They are in custody from 2.9.2008 onwards. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that this is a case of pre-planned motivated brutal murder. The petitioners have a very important role in the commission of the crime. They are the persons who informed the movement of the deceased by making telephone calls and this fact is traced out in the investigation. It was also submitted that 13 crimes are registered in Pavaratty Police Station in respect of several clashes between the RSS and NDF workers, consequent to this incident. The situation in the locality is still tensed and if the petitioners are released on bail, it is likely that there will be more bloodshed. 5. On hearing both sides, I find that it may not be proper to grant bail to the petitioners at this stage, taking into consideration the public interest at large. Petition is dismissed. K.HEMA, JUDGE vgs.