SYAM SANKAR B Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail under Section 438 of Cr.P.C.

(2.) The applicant is the 11th accused in crime No.569/2019 of Nayyardam Police Station, for having allegedly committed the offences punishable under Sections 143, 144, 147, 148, 294(b), 323, 324, 326 and 307 read with Section 149 of the I.P.C.

(3.) The prosecution case, in brief, is thus: Five identified persons and ten identifiable persons allegedly formed an unlawful assembly with a common object of committing the murder of Nishad, the nephew of the de facto complainant and in prosecution of the said common object of the unlawful assembly, on 14.09.2010 at about 9.00 PM, while the de facto complainant was watching a procession in connection with Neyyardam Festival, the 1st accused directed to attack and kill him. The de facto complainant was kicked by 1st accused with a stick, and thereafter, the 2nd accused also attacked him on his face with a stone, because of which, he sustained a nasal bone fracture. The 3rd accused fisted the injured; while the 4 th accused attacked with a stick and the other accused also assaulted him and thereby committed the offence. The applicant states that he is only 20 years old and a student for second year B.Com. in a College at Neyyardam. He has no criminal antecedents, he is willing to co-operate with the investigation, and his name has not been stated initially in the First Information Statement and therefore, he may be granted a pre-arrest bail in this matter.