IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 Bail Appl..No. 6340 of 2008() ----------------------------- CMP.10299/2008 of J.M.F.C.,CHAVAKKAD CRIME NO. 452/2008 OF PAVARATTY POLICE STATION PETITIONER/4TH ACCUSED:- ------------------------------ SHAJAHAN, S/O. ALI, VALIYAKATH KOTTUKKAL HOUSE, PAVARATTY VILLAGE, MARUTHAYOOR VILLAGE. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE NARCOTIC CELL, THRISSUR. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 6340 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November,2008 O R D E R Petition for bail. 2. According to prosecution, a conspiracy was hatched among accused 1 to 3, 7 and 8 and they entrusted 4th accused with the task to kill one R.S.S. worker. (An R.S.S. worker had attacked N.D.F. worker and hence, it was decided to kill an R.S.S. worker). Accordingly, accused 4 and 5 along with accused 2 and 3 proceeded on two motor cycles. Accused no.6 gave information about the whereabouts of the victim and when they reached the scene, 4th accused pointed out the victim to others and accused 2 and 3 assaulted him with swords and he succumbed to injuries. I 3. Learned counsel for petitioner submitted that petitioner was arrested on 2-9-2008 and he is in custody for a very long period. There will be no point in detaining him further. Petitioner is prepared to abide by any conditions and he will not interfere with the investigation also, it is submitted. 4. This petition is opposed. Learned Public Prosecutor submitted that the investigation is in progress. Only accused 4, 6, 7 and 8 could be arrested and others are yet to be arrested. The investigation is not completed. There are series of clashes BA 6340/08 -2- between N.D.F. and R.S.S. workers in the locality after the incident. It is not a fit case to grant bail at this stage, since it is likely to affect investigation adversely. 5. On hearing both sides, I am satisfied of the submissions made by learned Public Prosecutor and I am not inclined to grant bail to petitioner at this stage. This petition is dismissed. K.HEMA, JUDGE. mn.