JOHN PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is the 6th accused in Crime No.993 of 2019 of Punnapra Police Station, Alappuzha, for having allegedly committed offences punishable under Sections 143, 147, 148, 323, 324, 326, 364, 118, 302 and 201 read with Section 149 of the IPC. The prosecution case, in brief, is this:

(2.) The applicant together with the other accused, formed an unlawful assembly and in the prosecution of the common object of the unlawful assembly and due to the previous enmity towards deceased Manu, waited for an opportunity to commit his murder and on 19.08.2019, accused Nos, 1 to 4, with the intent to murder him, wrongfully restrained him outside a bar near Paravoor Junction and the 1st accused allegedly attacked him. Accused Nos. 2 to 6 joined him and thereafter fatal injuries were inflicted on his body. After inflicting the injuries, they allegedly abducted him to Galileo beach on the western side of Paravoor and he was pulled down from the scooter on which he was abducted, and thereafter he was assaulted again by the remaining accused Nos.7 to 14, who were summoned to the scene of occurrence. Accused No.6, the applicant was present at both the bar as well as on the beach and assaulted the deceased. He has a major role in executing the common object of the unlawful assembly of which he was a member. The applicant states that accused Nos.11, 13, 14 and 15 were released on bail by this Court by different orders. But, the applicant is also similarly placed and is also entitled to get bail.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has vehemently opposed the application for bail stating that the applicant is a notorious criminal having two other crimes registered against him for offences inclusive of Section 307 IPC. The learned Sessions Judge has in his order rejecting the bail of the applicant and the other accused, given a detail of the cases that are pending against the applicant and the other accused. The applicant had an important role in executing the detention of the common object of the unlawful assembly, whereas accused Nos.11,13, 14 and 15 were not similarly placed. And, therefore, the application for bail is vehemently opposed by the learned Public Prosecutor.