NAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that because of political enmity towards two deceased persons namely Mithilaj and Haq Muhammed, who belong to the DYFI, on 30.08.2020, accused 1 to 7 allegedly entered into a conspiracy to eliminate the deceased persons who were gaining political ground in that locality. Therefore, out of political rivalry, the applicants who belong to a rival political group, hatched a conspiracy and accused 1 to 3 reached Thembamoodu Junction at Pullampara village at about 11 p.m on two motorcycles which were owned by accused No.2 and the applicant herein and lay in wait for the deceased persons to arrive. A short while thereafter, the de facto complainant accompanied by the two deceased persons reached there on a motorcycle. They were restrained and the accused hurled abuses at them. A scuffle ensued, as a result of which, the 2nd accused allegedly chopped haq muhammed on his head with a chopper and the 1st accused stabbed Mithilaj with a knife. Both of them sustained fatal injuries, fell down on the road. When haq muhammed attempted to escape from the scene, accused 1 to 3 chased him and caused grievous injuries again with a chopper, knife and sword. The people in the locality came there and took the injured Mithilaj and haq muhammed to hospital, where they succumbed to their injuries. The first accused left the motorcycle belonging to the applicant bearing Reg. No.KL 21/K-4201 at the scene of occurrence and thereafter he hatched a conspiracy with the applicant and as per the instructions given by the 1st accused, the applicant went to the scene of occurrence and stealthily removed the keys to the motorcycle, thereby caused the disappearance of the evidence. It is indicated that the applicant had aided accused 1 to 3 to commit the offence and also to escape from the scene. Accused No.9 had allegedly harboured accused 1 and 2 and also arranged money and vehicle to facilitate them from escaping the scene.

(3.) The applicant was arrested on 01.09.2020 and remanded to judicial custody and he continues to remain in custody. The bail application filed by him before the Sessions court was dismissed and therefore he has approached this Court for indulgence, stating that he does not have any criminal antecedents, his role is very limited, and that he actually belongs to the same political party to which the deceased belong and the allegation that he had joined hands with the other accused out of political rivalry towards the deceased is an absolute untruth and therefore, he may be released on bail since he has been incarcerated for a fairly long time.