KRISHNANUNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) Application For Regular Bail

(2.) The applicant and the co-accused, hatched a conspiracy to conduct the murder of one Divakaran Nair and on 24.10.2020, the said Divakaran Nair was kidnapped from Aluva in an Innova car, assaulted and murdered. The body was disposed in a compound of the KSEB besides the Infopark-Karimugal Road, Ernakulam. The motive alleged is attributed to a property dispute between Divakaran Nair and his brother Madhusoodanan Nair, the 7th accused. The applicant is the son of the 7th accused. The applicant states that he is innocent and that he has no role in the conspiracy of the actual act of murder. He has no criminal antecedents as well. He was arrested on 18.11.2020, subjected to custodial interrogation. And, therefore, further custody of the applicant may not be required. He is willing to co-operate with the investigation. There is no possibility of his tampering the evidence. Hence, the applicant seeks regular bail.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor points out that it was the applicant's uncle, who was murdered and that the applicant's father and his uncle have dispute over property, which led to the alleged murder after engaging the other accused to kidnap and murder the deceased. The final report is not yet filed. The applicant has been in custody for 87 days. Under the circumstances, I find that further detention of the applicant may not be necessary.