SUBEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 8th accused seeking bail under Section 439 Cr.P.C.

(2.) Two Youth Congress activists, namely Kripesh and Sarath Lal aged 21 and 24 years, respectively, were brutally murdered on the 17 th day of February 2019. They sustained 15 and 20 injuries, respectively, most of which were fatal injuries all over the body, including the head and neck.

(3.) The prosecution case in brief is that because of previous enmity and political rivalry between the aforesaid deceased persons and the 1st accused, who was the then Branch Secretary of CPI (M) Periya Panchayat, and in retaliation of the deceased along with other Congress Party members attacking the 1st accused on 5th January 2019, accused 1 to 9 and 11 hatched a conspiracy on 14. 02. 2019 to murder the aforesaid Kripesh and Sarath Lal. In consequence to that conspiracy, on 17. 02. 2019, accused 1 to 8 formed an unlawful assembly, with the common object to murder the deceased persons, and in prosecution of that object, lay in wait near an areca nut plantation besides the public road near KSEB Sub-station Periya. By about 7:45 PM, the deceased Kripesh came riding a motorcycle with Sarath Lal on the pillion. Accused 1, 2, 5 and 8 beat them with iron pipes while accused 3, 4 and 7 attacked them with swords and inflicted the injuries as stated earlier. Both the victims succumbed to their injuries.