VISHNU S. BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.1 among the four accused in the instant Crime No.636/2019 of Museum Police Station, which has been registered for offences punishable under Secs.294(b), 341, 342, 324, 326, 506(ii) and 302 read with Sec.34 of IPC, which has been suo motu registered by the SHO of he Police Station concerned on 25.03.2019.

(2.) The brief of the prosecution case is that A-1 and A-2 in this case and the deceased and his group are rival parties and on account of the said animosity, on 24.03.2019 at about 10.30 p.m., at the public road near Barton Hill, Kunnukuzhy, Vanchiyoor Village, A-1 had abused the deceased Ani using extremely foul and obscene words and intercepted him and A-1 during the scuffle, sat on his body, hit on his head with a chopper and then the deceased Anil had ward it off using his left hand. Thereupon, A-1 had stood on his left hand and thereby prevented his escape, whereupon A-1 had struck several times on the head and limbs of the deceased caused fatal injuries and he had inflicted 74 antemortem injuries on the deceased using the abovesaid chopper. While so, A-2 had abused and threatened other and thereby prevented some intercepting. Thereafter, both A-1 and A-2 had together escaped in their motorcycle ridden by the 2nd accused. Later, the victim Ani had succumbed to his injuries. The prosecution would further state that the above said offences were done in furtherance of the common intention of both the accused and that accused Nos.1 &2 had committed the abovesaid offences. Accused Nos.3 and 4 have been implicated on allegation that they have committed offence as per Sec.212 of the IPC (harbouring offender).

(3.) Sri. Sathamangalam. S. Ajith Kumar, learned counsel appearing for the petitioner/accused would urge that the above said allegations are false and baseless and that the petitioner has already suffered detention in this case since 31.3.2019 and that no effective purpose would be sub served by the continued incarceration of the petitioner and that this Court may order to release him on regular bail subject to any appropriate stringent conditions.