Bail is the rule and committal to jail is the exception, and the nature and gravity of the accusation are key considerations for granting bail.

1. These are the bail applications filed by accused Nos.15, 16 and 3 respectively in Crime No.433/2012 of Vadakara Police Station, Kozhikode District. The offences alleged against them and other accused are under Secs.143, 147, 148 and 302 r/w 149 IPC and under Secs.120(B), 109, 118, 201 and 212 IPC and also under Secs.3 & 5 of Explosive Substance Act.

2. It is alleged that on 4.5.2012 at 10.15 PM at a place called Vallikkad, the motorcycle ridden by Mr. T.P. Chandrasekharan, the leader of a local party -Revolutionary Marxist Party (RMP) was hit by the Innova Car used by the assailants and when he fell down he was brutally murdered by the persons who reached there in the Innova Car by hacking Mr.Chandrasekharan with swords. It is further alleged that in order to create an atmosphere of terror so as to desist other persons approaching the scene, the assailants exploded bombs also and thereafter the assailants escaped from the scene.

3. The prosecution contends that T.P.Chandrasekharan was earlier a local leader of CPI(M). Because of some differences of opinion, it was stated that, the deceased T.P. Chandrasekharan and others were expelled or they severed their connection with CPI(M). Thereafter they formed a party -Revolutionary Marxist Party (RMP). It is further alleged that the persons and sympathisors beloning to CPI(M) of that locality began showing allegiance to RMP being influenced/attracted by Mr.T.P. Chandrasekharan. According to the prosecution, a conspiracy was hatched by local leaders belonging to CPI(M) to murder Mr.T.P. Chandrasekharan. It is stated that the petitioners, especially A15 and A16 were some of the conspirators and it was pursuant to that conspiracy Mr.Chandrasekharan was hacked to death.

4. Petitioners were arrested by the police on 15.5.2012 and since then they have been in custody.

5. Learned Senior Counsel Sri.M.K.Damodaran, appearing for A15 and A16 and learned counsel for A3, Sri.T.G.Rajendran and also the learned Advocate General have been heard.

6. Learned Senior Counsel appearing for the petitioners vehemently argued that the investigating team is dancing to the tune of the leaders of a political party in power and that the names of leaders of CPI(M) are supplied by the leaders of the party in power and it is at the behest of the ruling party, the members of CPI(M) are being arrested. It is also argued that while arresting the petitioners, the directions issued by the Hon'ble Supreme Court in D.K.Basu's Case [1997 SCC (Cri) 92] were flouted by the police officials.

7. It is submitted on behalf of the prosecution that the investigation is being conducted by the Special Investigation Team. Three Dy.S.Ps; Mr.K.V.Santhosh Kumar, Mr.Josy Cherian and Mr.Shoukath Ali are the main investigating officers. The contention that the directions contained in D.K.Basu's case were violated have been assailed by the prosecution pointing out the entries in the case diary regarding the notices issued to the petitioners and also as to how the formalities were complied with. It is also pointed out that the arrestees were got examined by the Medical Officer within every 24 hours and that the near relatives of the arrestees were also duly informed. Further, the assistance of a legal aid counsel was also provided but as the petitioners had engaged there own counsel, the service of the legal counsel was not necessary. I could not see any patent illegality or unfairness in the investigation so far conducted.

8. Now, the main question is whether the petitioners are entitled to be released on bail at this stage. It is strenuously argued by the learned Senior Counsel Mr.M.K.Damodaran that A15 and A16 were arrested solely on hear-say information and the alleged confession statements of the co-accused. A15 and A16 are the local leaders of that political party. It is argued by the learned Advocate General that there were reports from the Intelligence Wing of the police that slogans were shouted and public speeches w