IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3308 of 2008()
1. ASHKAR, S/O.MOIDU, PALAKKAL HOUSE,
... Petitioner
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.SUNNY MATHEW
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :02/06/2008
O R D E R
K.HEMA, J.
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B.A.No. 3308 of 2008
&
B.A.No.3309 of 2008
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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.