ALI ASHKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail under Section 439 of Cr.P.C.

(2.) The applicant is the 11th accused in Crime No.486/2019 of Chavakkad Police Station for having allegedly committed the offences punishable under Sections 143, 147, 148, 153, 324, 326, 307, 506(ii), 120B, 114, 201, 212 and 302 read with 149 of the I.P.C.

(3.) The prosecution case, in brief, is that on 30.07.2020 at about 6.00 PM, the applicant along with others, hatched a conspiracy to commit the murder of the deceased and in prosecution of the common object of the unlawful assembly, accused 1 to 8 actually committed the murder of the deceased by attacking him with dangerous weapons like swords. The allegation against the applicant in specific is that he was part of the conspiracy and an active member of the S.D.P.I., in which the remaining accused are also members. He had allegedly gone to the scene of occurrence, dropped the 8th accused there and stood there with a sword in his hand intimidating all the witnesses, who has passed through that area. After commission of the offence, he returned from there on the motor cycle of the 1st accused. His active involvement in the crime is therefore established by the prosecution. A split charge was filed against accused 1 to 8 because the other accused were absconding. Further final report has to be filed against the accused, who are absconding, including the applicant. The applicant has been apprehended on 23.06.2020 and has been in custody for the last 63 days and therefore the learned Counsel for the applicant submits that he may be released on bail.