YASIR @ KUNHANI Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The prosecution case, in brief, is that on 26.01.2021 the applicant and the other accused hatched a conspiracy to commit murder of the deceased and as a result of the conspiracy and in furtherance of common intention on 27.01.2021 at about 21.10 hours at Oravampuram Angadi in Nenmini amsom, the applicant along with the other accused wrongfully restrained the deceased and his friends and attacked them by means of dangerous weapon like knife, wooden log and bottles and as a result of which, the deceased sustained fatal injures due to being stabbed by the 1st accused and the 2nd accused also inflicted injuries on him with wooden log and also sustained grievous hurt on head as a result of being beaten up by A3 with a dangerous weapon like bottle. The 2nd accused also stabbed other persons who were present there.

(3.) The applicant state that he is innocent and the allegations are not true. It is actually a result of family rivalry between accused Nos.1 to 3 on one side and the family of the deceased on the other side. They were at loggerheads for the last so many years. The applicant does not belong to that family. The mere fact that he was present at the scene of occurrence does not indicate towards, his being the part of the conspiracy. In view of the fact that he has no criminal antecedents and has no active overt act in the alleged assault as he has been in custody since 28.01.2021.