ABHIMANUE ETC. Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Assailed in the present set of appeals is the judgment and order dtd. 11/12/2024 [impugned order] of the Kerala High Court, passed on a batch of petitions [Crl. M Nos. 4707, 4713, 4716, 4739, 4749, 4752, 4762, 4767 & 4798 of 2024] filed by the State of Kerala praying for setting aside of grant of bail (through separate orders) to a total of 10 (ten) accused. Vide the impugned order, the High Court set aside the orders granting bail to 5 (five) of the 10 (ten) accused, who are the appellants before us.

(3.) A First Information Report [FIR No. 621/2021, PS Mannanchery, District Alappuzha, Kerala] under Ss. 143, 147, 148, 149, 324 and 302, Indian Penal Code, 1860 [IPC], was registered on 19/12/2021, against unknown persons. It was alleged therein that such unknown persons committed the said offences under the leadership of one political activist of a particular political organization (not a party to these proceedings). Soon thereafter, the appellants were arrested. As per the narrative in the police report (charge-sheet) filed under Sec. 173(2), Code of Criminal Procedure, 1973 [Cr. PC] dtd. 15/3/2022, the accused are activists of a particular political organization who, allegedly, due to political enmity murdered the victim on 18/12/2021. Accused 2-6 formed an unlawful assembly, followed the victim in a vehicle and collided with his scooter at 5:50 pm. The victim fell down whereupon he was brutally attacked; ultimately, he succumbed to his injuries at 11:30 pm. The accused were consequently charged with having committed offences under Ss. 120-B, 109, 115, 143, 147, 148, 149, 324 and 302, IPC and Sec. 27(1) of the Arms Act, 1959. We note that the appellants Abhimanue, Athul, Sanand, Vishnu and Dhaneesh figure as A-3, A-5, A-4, A-2 and A-6, respectively, in the chargesheet.