Petitioner is the 3rd accused in Crime No.1661 of 2012 of the Cheranelloor Police Station for the offences punishable under Sections 120(b), 419, 341, 365, 323, 324, 326, 302, 201 read with Section 34 of the Indian Penal Code, is in custody from 28.02.2013 and seeks bail. 2. Learned Public Prosecutor has opposed the application. It is submitted that the petitioner, along with the 6th accused entered into a criminal conspiracy and committed murder of the deceased. It is also submitted that conspiracy was ended into in the house taken on rent by the petitioner for that purpose. The vehicle possessed by the petitioner was used by the other accused for commission of the crime. Further investigation is being conducted by the Crime Branch. According to the learned Public Prosecutor, further investigation could be completed within two months and final report filed immediately thereafter.
3. Learned counsel submits that the allegations are not true. It is submitted that as per version of the prosecution CW46 Bail Appl.No.4631 of 2014 () 2 rented out the building to the petitioner. But CW46 does not make any mention about presence of any of the accused at the time of the lending.
4. Merely for that reason, involvement of the petitioner in the conspiracy cannot be ruled out since CW46 at the time of letting may not know real intention and purport of taking the building on rent. Further investigation is not completed. Earlier applications preferred by the petitioner were rejected. Merely for the reason of the petitioner being in custody from 28.02.2013, his request cannot be accepted also on the face of the stand of the prosecution that the petitioner is a member of the criminal gang.
The application is dismissed.
AMV Sd/- THOMAS P. JOSEPH JUDGE /TRUE COPY/ P.A.TO JUDGE