IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 Bail Appl..No. 3807 of 2008() -------------------------------------- (CMP.2380/2008 & CMP.2381/2008 of J..F.C.M.-I,HOSDRUG) (CRIME NO.16/06 OF RAJAPURAM POLICE STATION) .................... PETITIONER-ACCUSED NO.4: ------------------------------------------- SHOUKATH.K.M.,S/O.UMMER AGED 36 YEARS, K.M.HOUSE, KOV VAPPURAM, KUNHIMANGALAM, NOW RESIDING AT SHERIFIA MANZHIL MATTOOL SOUTH, MADAAYI VILLAGE KANNUR DISTRICT. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT/COMPLAINANT --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVA KUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------- B.A.No.3807 of 2008 ------------------------------------------- Dated this the 19th day of June, 2008 ORDER This petition is for bail. 2. Petitioner is the 4th accused in the crime registered under Sections 452, 341, 324 and 308 read with Section 34 IPC. 3. Learned counsel for the petitioner submitted that the first accused has been granted bail and he may also be granted bail. 4. Learned public prosecutor pointed out that though A5 and A10 in the said crime had applied for bail, the application was dismissed, considering the same argument that A1 is granted bail. But, the first accused and the other accused are not similarly placed and bail was rejected to the 5th accused and the 10th accused on the same ground and also the fact that A1 was abroad at the time of occurrence. It was also submitted that the petitioner had used axe for commission of the offence. Several other weapons were used in the offence which are not yet recovered. Some of the accused are also not arrested. Hence, this petition is opposed. 5. On hearing both sides, I am satisfied that granting bail to the petitioner, at this stage, will adversely affect the investigation. The petition is dismissed. K.HEMA, JUDGE csl