IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 18TH SEPTEMBER 2008 / 27TH BHADRA 1930 Bail Appl..No. 5753 of 2008() ----------------------------- CRIME NO.1590/08 OF PERUMBAVOOR POLICE STATION .................... PETITIONER/PETITIONER/2ND ACCUSED -------------------------------------------------- NIGIL, AGED 19, S/O.RAJU, VATTEKATTU HOUSE, KODUVAL BHAGOM, PERUMBAVOOR. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT: COMPLAINANT ------------------------ STATE OF KERALA, (C.I. OF POLICE, PERUMBAVOOR POLICE STATION) REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ------------------------------------------------- B.A.No.5753 of 2008 ------------------------------------------------- Dated this the 18th day of September, 2008 O R D E R This petition is for bail. 2. The alleged offences are under Sections 120(B), 449, 396 and 302 IPC. According to prosecution, the first accused telephoned the second accused and asked him to arrange an autorickshaw. The second accused who is not a driver by profession took an autorickshaw on hire, drove the autorickshaw and proceeded to the first accused. He together with A1, A3, A4 and A6 to A9 proceeded to a Bar to consume liquor, and entered into a conspiracy to commit various offences. They proceeded to the place of occurrence and A1, A3, A4 and A6 to A9 committed robbery and murder of a supervisor. They came back after the commission of the offence and proceeded in the same autorickshaw driven by the petitioner who is the second accused. Petitioner was arrested on 16.8.2008 and he is in custody since then. 3. This petition is opposed. Learned public prosecutor submitted that only A2, A5 and A6 were arrested in this case. BA No.5753/08 2 Except A2 all other accused are from Assam. In the nature of offence committed, if the petitioner is released on bail at this stage, it will adversely affect the investigation, it is submitted. 4. After hearing both sides, I am satisfied of the submissions made and I am not inclined to grant bail to the petitioner at this stage. The petition is dismissed. K.HEMA, JUDGE csl