MAHESH ALIAS PUNCHIRI MAHESH Vs. STATE OF KERALA

JUDGEMENT

(1.) BAIL Application No.5143 of 2011 is filed by accused No.2 (Mahesh alias Panchiry Mahesh) and accused No.4 Shafeek; Bail Application No.5396 of 2011 is filed by accused No.6 (Santhosh Nair and Bail Application No.5441 of 2011 is filed by accused No.5 (Santhosh alias Container Santhosh) in Crime No.100/CR/KLM/EOW1/2011 of CBCID, Kollam. All these Bail Applications are filed under Section 439 of the Code of Criminal Procedure.

(2.) ACCUSED Nos.2 and 4 were arrested on 13 -5 -2011. Accused No.5 was arrested on 17 -5 -2011. Accused No.6 was arrested on 21 -5 -2011.

(3.) THE prosecution case is the following: V.B. Unnithan had written reports in Mathrubhumi daily in October 2009 to the effect that accused No.6 Santhosh Nair, a Deputy Superintendent of Police, and some other police officers assembled at Government Guest House, Kollam with an abkari contractor on 13 -10 -2009 and hosted a hot drink party in connection with the Haj pilgrimage of another police officer. It was stated in that report that film stars and Television serial actresses were also present in the party. The newspaper report caused annoyance to many police officers including accused No.6. Dy. S.P. Santhosh Nair (Accused No.6) conspired with Santhosh alias Container Santhosh (accused No.5), who is running a trans -shipment business at Willington Island to attack V.B. Unnithan. Container Santhosh engaged accused Nos.1 to 4 (Sreejith alias Happy Rajesh, Mahesh alias Punchiry Mahesh, Annand and Shafeek) to do the operation to attack Unnithan. Anand and Happy Rajesh had organized a few œquotations  in and around Kollam. They planned to attack Unnithan and followed him on 12 -4 -2011 and 13 -4 -2011. But the plan did not fructify. Later, on 16.4.2011, after ascertaining the departure time of Unnithan from Mathrubhumi office, accused Nos.1 to 4 followed him on two motor bikes from Ramankulangara to Sasthamcotta. They had with them steel pipes in order to attack Unnithan. When Unnithan alighted from the bus at about 9.45 P.M. and proceeded to take his bike, he was attacked by Rajesh alias Happy Rajesh and Mahesh alias Punchiry Mahesh. Anand and Shafeek waited on their bikes in order to go immediately after the operation. Unnithan sustained serious injuries. He was taken to Padmavathy Hospital, Sasthamcotta. He was an inpatient in the hospital for several days. The learned Public Prosecutor submitted that even now, Unnithan is bedridden at his resident. The learned Public Prosecutor submitted that the test identification parade could not be completed since Unnithan was not in a position to travel to Sub Jail, Kollam.