AFSAL A.P Vs. STATE OF KERALA

JUDGEMENT

(1.) Ninth accused in Crime No.409 of 2019 of Tanur Police Station filed this bail application under Section 439 of Criminal Procedure Code, contending that he is in custody in connection with the above case for about 8 months and he may be released on bail. The facts of the case are narrated in the following paragraphs.

(2.) The petitioner is the 9th accused in Crime No.409 of 2019 of Tanur Police Station. The above case is registered against the petitioner and 8 others alleging offence punishable under Sections 143, 147, 148, 341, 324, 326, 201, 120B and 302 read with Section149 IPC.

(3.) The prosecution case is that the deceased and accused were active supporters of rival political parties. While so, on 24.10.2019 at about 7.45 p.m the deceased Izahaque @ Rafeeque, an active supporter of Muslim League political party was on his way to the Mosque for prayers. Prosecution case is that the accused in the case formed themselves into an unlawful assembly, armed with deadly weapons like sword, axe, and other weapons, committed rioting and in furtherance of their common intention and object to commit murder of said Izahaque @ Rafeeque due to political rivalry, attacked him indiscriminately. The prosecution case is that the deceased sustained 52 injuries and succumbed to the injuries.