NIVIYA T. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in B.A.No.6869 of 2020 is the 18 th accused, the applicant in B.A.No.6969 of 2020 is the 19 th accused and the three applicants in B.A.No.6970 of 2020 are accused Nos. 3, 5 and 6 respectively in Crime No.419 of 2020 of Panangad Police Station, Ernakulam, for having allegedly committed offences punishable under Sections 120B, 143, 147, 148, 201, 212, 294(b), 302, 323, 324, 341, 506(ii) read with Section 149 of the of the IPC. The prosecution case, in brief, is this:

(2.) The 18th accused, who is a lady, was involved in a narcotic drugs case and was apprehended and taken into judicial custody. She had the notion that it was the defacto complainant and his friend, the deceased, who had intimidated the Police leading to the apprehension of the accused in the narcotic case. To question this, the A2 was informed and the defacto complainant and the deceased were allegedly called for being questioned regarding the incident and there was a scuffle, which resulted in slapping of the defacto complainant. It is stated that thereafter on the very same day, that is 13.09.2020 in the evening near Nettoor INTUC Junction, the applicants and the other accused, hatched a conspiracy to commit murder of the defacto complainant and his friends and they reached there on motor cycles and car and allegedly attacked the defacto complainant and the deceased resulting the death of the deceased. Injuries were caused by 1st accused, who stabbed the deceased. The 2 nd accused hit him with an iron rod and the 3 rd accused allegedly hit him with a helmet. All the remaining accused present there at the scene of occurrence, actively participated in restraining the defacto complainant and his friends including the deceased. Accused Nos. 18 and 19 were part of the conspiracy, but were not present at the scene of occurrence. The investigation has progressed well and accused Nos. 9, 10, 11, 13 and 20 are released on bail from this Court. The applicants, therefore, submit that these accused who have the lesser role may also be released on bail. Accused Nos. 3, 5 and 6 were arrested on 16.09.2020, while accused Nos. 18 and 19 were arrested on 26.09.2020 and continue in judicial custody.

(3.) The learned Public Prosecutor submits that it is the 18 th accused, who was instrumental in hatching of the conspiracy and the consequent commission of murder. It is also submitted that the 3rd accused was actively involved in assaulting the deceased and the defacto complainant with the helmet. The learned Public Prosecutor also points out that the 18 th accused has another criminal case against her for being involved in a narcotic case. Accused No. 3 has one more case against him and the 6 th accused has two other cases against him. Considering the antecedents of the applicants and the fact that it was a very planned murder, which was the result of a conspiracy, which was hatched by all these applicants, the learned Public Prosecutor submits that they may not be released on bail. He has specific objection to the release of accused Nos. 3 and 18, who had very active role in the entire incident.