IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 Bail Appl..No. 3894 of 2010() ----------------------------- CRIME NO.406/2010 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM (S): ACCUSED NO.2 -------------------------------- RAJAN @ PRAVEEN, AGED 29 YEARS, S/O.GOPI, THULASI MANDIRAM, KAPPIVILA, KACHANI DESOM, PEROORKADA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.V.R.GOPU SRI.J.NARAYANA PILLAI RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, NEMOM POLICE STATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.P.A.SALIM. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.3894 of 2010 ---------------------------------------------- Dated 6th July, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 120B and 302 read with Section 34 of the Indian Penal Code. According to prosecution, on 2.5.2010 at about 10.45 p.m., accused nos.1 to 4 assembled in the house of 4th accused and hatched a criminal conspiracy to commit murder of deceased Sunil Kumar. Thereafter, all of them, in furtherance of common intention, assaulted deceased, by using weapons, after blocking the motor cycle which he was riding, and he succumbed to the injuries. 3. Learned counsel for petitioner submitted that petitioner is the second accused. He is not involved in any other crime. He has not committed the offence in this case, but, he was trapped into the case without any basis. Petitioner was arrested on 6.5.2010 and he is in custody since then. It is further submitted that there was a clash between two groups of sand mafia and petitioner has nothing to do with it. 4. Learned Public Prosecutor submitted that 1st and 4th BA NO.3894/10 2 accused in this case are involved in various other crimes of similar nature and they are also involved in committing various illegalities. As against petitioner, there are specific allegations in this case that he had used the weapon against deceased. He had also blocked the vehicle, which was driven by deceased and hit him with a stick. The investigation is in progress and this petition is opposed. 5. On hearing both sides, I find that in a serious offence of this nature, unless the innocence of petitioner is probabilised, bail cannot be granted at this stage of investigation. This petition is dismissed. K.HEMA, JUDGE. tgs