(1.) Applications for regular bail under Section 439 of Cr.P.C. Applicants in the aforesaid applications are accused Nos.6 and 7 respectively in Crime No.525/2020 of Thrissur Medical College Police Station for having allegedly committed offences punishable under Sections 120B,143, 147, 148, 341, 324, 506(ii), 307 and 302 r/w Section 149 of IPC and also under Section 27 of the Arms Act.
(2.) The prosecution case, in brief, is this:- On 05th of July 2020 at about 10:00 PM, the applicants and seven others hatched a conspiracy at the house of the first accused, bearing House No. XII/434 of Varavur Grama Panchayat to murder Sijo, who was the 2nd accused in Crime 355/2019 of Peramangalam Police Station for committing the murder of Shyam and Christo, two associates of the accused, and invited the deceased Sijo to come for a compromise talk. And in consequence of the conspiracy, by about 11:00 PM on 5th of July 2020 travelling in two Maruthi Swift cars, they reached the place called 'Manithara hump' in Avannur where Sijo was asked to meet them. and lay in wait for him. By about 00.40 hours, on 6/07/2020 when the deceased accompanied by his four friends reached the place on two motorcycles, realising that Sijo was not alone, the accused formed an unlawful assembly, and in prosecution of the common object of murdering Sijo, they knocked down motorcycles with the two cars in which the accused were waiting, and thereafter, got out of the cars committed riot armed with deadly weapons like swords and iron pipes and pounced upon the deceased Sijo with with vengeance, and attacked him with those weapons and caused his death. The friends of the deceased, were also attempted to be murdered by knocking them down from the motorcycles, and thereafter, they were intimidated with the weapons that they wielded. Accused 9 and 10 guarded either sides of the road during the incident to ensure that the members of Sijo's gang did not come to his assistance until their common object was accomplished. The deceased had allegedly sustained 48 ante mortem injuries on his body, and succumbed to it instantaneously. The crime was registered on getting information from two persons who noticed the injured person lying on the road in a pool of blood. The applicants were arrested on 11.07.2020 and remanded to judicial custody. They continue in remand.
(3.) The applicants state that they are innocent and the allegations against them are not true. It is submitted that they have been falsely implicated,and had nothing to do with the crime. A6 states that he has just one more case against him for offence punishable under S.324 IPC. CW2 cited by the prosecution as an eyewitness and injured had gone to the Medical College Hospital on 06/07/2020 for treatment of his injuries, and had narrated an alleged history of fall from the bike. Hence, the prosecution version of the deceased being accompanied by his friends and and they having witnessed the occurrence is a make believe story contrived by the imagination of the investigating officer. Final report is already filed on completion of investigation, and hence, there is no purpose to detain the applicants.