IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 Bail Appl..No. 3308 of 2008() ----------------------------- CRIME 263/2008 OF VADAKKEKKAD POLICE STATION PETITIONER/ACCUSED ----------------------------------- ASHKAR, S/O.MOIDU, PALAKKAL HOUSE, EDAKKAZHIYUR, WESTERN SIDE OF SINGAPUR PALACE, EDAKKAZHIYUR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: COMPLAINANT ------------------------ 1. THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION. 2. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM). BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2008, ALONG WITH BA NO. 3309 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3308 of 2008 & B.A.No.3309 of 2008 ----------------------------------------- Dated this the 2nd day of June, 2008 O R D E R This petitions are for bail. 2. Petitioners in B.A.No.3309 of 2008 are accused 2 and 5 and petitioner in B.A.No.3308 of 2008 is accused No.7 in the same crime. Hence, both these petitions are disposed of by a common order. 3. Accused allegedly formed an unlawful assembly along with others, armed with deadly weapons, such as iron rods and swords and wrongfully restrained the defacto complainant and first accused stabbed him with a sword. The other accused assaulted him using iron rods. 4. This petition is opposed. Learned Public Prosecutor submitted that accused 2 and 5 were arrested only on 13.5.2008 and 7th accused was arrested on 24.4.2008. They are petitioners in both these applications. Accused 1, 3, 4, 6 and 8 are still not arrested. The investigation is at the preliminary stage and in case the petitioners are released on bail at this stage, it will adversely affect the investigation, it is submitted. BA.3308 & 3309/08 2 5. Learned counsel for petitioners submitted that petitioners are in custody for sufficiently a long time. Their interrogation is over and the recovery is also affected through them. They are not needed for any further investigation, it is submitted. 6. On hearing both sides, I am satisfied that granting of bail at this stage is likely to adversely affect the investigation. Hence, I am not inclined to grant bail to the petitioners. This petition is dismissed. K.HEMA, JUDGE vgs.