IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Bail Appl..No. 4492 of 2008() ----------------------------- CRIME NO. 138/2008 OF NEDUPUZHA POLICE STATION PETITOINER : ACCUSED NO.7. ---------------------------------------- SANDEEP, S/O GANGADARAN, KUNNAMBATH HOUSE, VATTAPPINI DESOM, KANIMANGALAM VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.M.REVIKRISHNAN RESPONDENT: ------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE C.I. OF NEDUPUZHA, POLICE STATION. BY D.G.P.SRI.P.G.THAMPI P.P.SRI.C.K.SURESH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/07/2008, ALONG WITH B.A.NO.4495/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - B.A.Nos. 4492 & 4495 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of July, 2008 COMMON ORDER Application for bail 2. Petitioner in B.A. No.4495/2008 is the 5th accused and the petitioner in B.A. No.4492/2008 is the 7th accused in the same crime. Hence this common order. 3. The alleged offences are under sections 109, 143, 147 148, 341 and 302 read with section 149 IPC and under section 27 of the Arms Act. According to the prosecution, a leader of one gunda gang was murdered. As a retaliation to the said murder, another murder was committed by the opposite gunda gang. The 7th accused is the brother-in-law of the victim in the first murder case and he conspired with other accused, arranged money and furnished all aids to the accused to commit murder. The accused No.5 and other accused who are gundas themselves formed into an unlawful assembly and committed murder of deceased Sonyyappan. 4. These applications are strongly opposed. According to learned Director General of Prosecution, the 7th accused is involved in ten other cases and he is the person who made all arrangements for commission of the BA 4492/08 & BA 4495/08 -2- murder of the victim in this case, as a retaliation to the murder of his brother-in-law. It is in the autorickshaw of the 7th accused that the other accused proceed to the spot. Weapons were arranged by the 7th accused and money was also provided by him for the commission of the offence. As per the intelligence report, enmity between two gangs is not yet over and there will be blood-shed, if the petitioners are bailed out. Therefore, even though charge-sheet is laid, it may not be proper to release the petitioners on bail, it is submitted. 5. Learned counsel for the petitioners submitted that the petitioners were not named in the First Information Statement, but they were falsely implicated subsequently. If they are kept in jail, it may even defeat their right to get effective legal assistance, since they may not be able to instruct the counsel properly. It is also submitted that 5th accused is in custody from 26-3-2008 onwards. The investigation is over and the petitioners are not required for the purpose of investigation. If there is any likelihood of any clash between the two rival groups, as submitted by learned Director General of Prosecution, the petitioners are prepared not to enter into the locality. It is also submitted that the petitioners are prepared to abide by any conditions imposed by this Court to maintain law and order. It is also submitted that the 5th accused is not involved in any other case (learned BA 4492/08 & BA 4495/08 -3- Director General of Prosecution submitted that the 5th accused is involved in Crime No.707/2007 of Town West Police Station). Learned counsel for the petitioners submitted that the petitioner was implicated in that offence only after the registration of this crime. The incident in that case was in 2007, but the 5th accused was made an accused only after arrest of the accused in this case. It is the duty of the State to see that law and order is maintained and for that purpose the liberty of the citizen may not be infringed, it is submitted. Regarding the apprehension of the learned Director General of Prosecution that the petitioners' lives will be in danger, it is submitted that the petitioners themselves can protect their lives. 6. On hearing both sides, it is clear that two groups who have criminal back-ground and who are engaged in several criminal offences had a clash with each other and two lives were taken away. It is in such circumstances that learned Director General of Prosecution submitted that further blood-shed has to be prevented by keeping the petitioners in custody. It is true that charge sheet has been laid. It may also be true that the petitioners can themselves take care of their lives. But, on the facts and circumstances of this case, it appears to me that such self protection may be at the cost of the peace in the society and at the risk of other persons' safety in the society. Therefore, on the peculiar circumstances of this case, it may BA 4492/08 & BA 4495/08 -4- not be proper to release the petitioners on bail at this stage. The petitioners are, however, at liberty to approach the trial court for expeditious disposal of the case, since the case has already been committed. The applications are dismissed. K. HEMA, JUDGE. mn.