RENJITH RAJU : RAHUL KRISHNA Vs. STATE OF KERALA

JUDGEMENT

(1.) Bail Appl..6789/2020, Bail Appl..6965/2020

(2.) The prosecution case, in brief, is that on 15.06.2018 at about 10.30 p.m. near Pookkulam Tsunami flat at Paravoor, the applicants along with other accused totalling 9 persons were members of an unlawful assembly and in order to wreak political and family vendetta and with the motive to kill a person named Shaheer, a family friend of the de facto complainant and in the prosecution of the common object of the said unlawful assembly, the applicants and the remaining accused attacked them with dangerous weapon likes sword, knife and iron pipes. The applicants were not available and accused Nos.1 to 3, 5 and 7 were already arrested and the investigation was completed against them and the final report was also filed. The case against the remaining accused was split up and refiled. The applicants are now available for trial. The applicants 8 and 9 were arrested on 04.10.2020 and they have been in custody for more than a month now. The specific role of attacking the injured and others is attributed to accused 1, 2, 3 and 6. The 1st accused was wielding a sword and a hockey stick with which he inflicted grievous hurt. The 2nd accused was also using a weapon and the 3rd accused used a knife, whereas the 6th accused had attacked the injured with an iron pipe. The persons against whom the final report has been filed are already enlarged on bail. Presently, accused Nos.4 and 6 have allegedly been released on bail after their arrest. The overt act attributed to accused Nos.8 and 9 with whom we are concerned now, is that they were wielding iron pipes and had intimidated the injured persons as also others who reached there to their assistance. There is no specific allegation of their inflicting any particular injury to the injured. They have been in custody for more than a month, and I believe that custodial interrogation was not sought for, and therefore it is not possible to take them for the purpose of custodial interrogation any more. They are willing to co-operate with the investigation. Hence, further incarceration of these applicants may not be necessary.