BASIL PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) Applications for anticipatory bail under Section 438 Cr.P.C.

(2.) The applicant in BA No.1012 of 2021 is the 3rd accused while the applicants in B. A. No. 1774 of 2021 are accused numbers 4 and 7 in Crime No. 783/2020 of Santanpara Police Station for having allegedly committed offences punishable under Sections 143, 147, 148, 452, 294(b), 441, 324, 307, 427, 397, 188, 269, 270 and 120B R/W Section 149 of the Indian Penal Code and also under Section 118 (E) of the Kerala Police Act, and under Section 5 read with Section 4 (2) (A) of the Kerala Epidemic Diseases Ordinance.

(3.) The prosecution case, in brief, is thus:-M/s.G.I.E.Plantations is a registered partnership firm and consists of estate having an extent of 655 acres of registered land and 200 acres of Kuthakapattom land in Santanpara Village was purchased by the de facto complainant Abdulkader after he returned from abroad. There were some dispute pending in courts as well as Tribunal regarding the ownership of the estate. A2 Biju M Abraham claims to be the authorised custodian of the estate. The applicants and the other accused allegedly hatched a conspiracy to commit murder of the de facto complainant and in consequence of that conspiracy, on 15/07/2020 at about 4 PM, the applicants formed an unlawful assembly, trespassed into the estate and the estate bungalow and in prosecution of the common object of the unlawful assembly, committed riot armed with deadly weapons, hurled abuses at the de facto complainant and with the knowledge and intent to cause death assaulted the de facto complainant, robbed ? 10 lakhs in cash and a licensed revolver belonging to the de facto complainant from inside his Innova car parked in front of the bungalow, committed mischief by destroying the jeep and the car belonging to the de facto complainant and attempted to commit murder.