SREEMON Vs. STATE OF KERALA

JUDGEMENT

(1.) These are applications filed under Sections 439 of the Code of Criminal Procedure by accused Nos. 3 to 8 in Crime No. 632/2021 of Chirayinkeezhu Police Station. That crime was registered alleging offence under Sections 120B and 302 read with 34 of the Indian Penal Code.

(2.) The allegation is that the ninth accused had induced the deceased in a scooter, took him to an isolated place, to a brick kiln, Jai Hind Hollow Brick Company, Mundapuram and all accused, in furtherance of the criminal conspiracy hatched them, attacked and caused him grievous injuries and caused his death. The learned counsel for the petitioners submit that the petitioners are only friends of the first accused; there was previous animosity between the first accused and the deceased, all the petitioners hail from Kollam, they are in custody from the date of their arrest; the accused Nos. 3, 4, 6 and 8 were arrested on 31.05.2021, the seventh accused was arrested on 30.05.2021 and the fifth accused was arrested on 28.05.2021. According to learned counsel for petitioners, investigation has reached an advanced stage, they do not have criminal antecedents to their credit.

(3.) The learned Public Prosecutor has submitted that there are nine accused in the crime and all have been arrested; there was animosity between the first accused and the defacto complainant and in the mission that was hatched by the first accused, all accused had joined and the said person was killed out of joint action by all the accused persons. They had used dangerous weapons like iron rods and sword and caused him serious injuries and he succumbed to the injuries.