P. Bhavadasan, J.

1. This application for bail filed under Section 439 of Criminal Procedure Code is by the ninth accused in Crime No.766 of 2012 of Pudukkad Police Station, who turned as approver and who was granted pardon by the court concerned.

2. Petitioner along with other accused are alleged to have committed offences punishable under Sections 120B, 143, 147, 148, 341, 324, 326, 302 and 212 read with Section 149 I.P.C. and also Section 27 of the Arms Act.

3. The incident which gave rise to the case occurred on 6.6.2012 at about 11 p.m.. The petitioner along with six other persons armed with deadly weapons attacked one Kamsheer and Gopi causing serious injuries to them and they succumbed to their injuries. Petitioner claims to be innocent and that he has been falsely implicated. It is pointed out that his statement under Section 306(4) Cr.P.C. has been recorded as he turned approver and his pardon was accepted. His plea for bail was rejected by the Sessions Court. It is also pointed out that all other accused have been released on bail and he has been in custody from 16.6.2012. It is pointed out that the Sessions court, while dismissing the application for bail ought to hav