SHIHAB Vs. STATE OF KERALA

JUDGEMENT

(1.) Application For Regular Bail

(2.) The applicant and the other accused hatched a conspiracy to commit the murder of the defacto complainant's son namely Adarsh, due to the previous enmity towards him and in consequence of that conspiracy, on 02.07.2020, at about 9.50 AM, the applicant arranged a car bearing Reg.No.KL-47-G-5487 from the 6th accused and handed over the same to accused Nos. 1 to 4 for committing the act and they allegedly in furtherance of common intention and as a result of the conspiracy, wrongfully restrained the defacto complainant's son Adarsh and attacked him by means of dangerous weapons like a chopper and brutally murdered him. He succumbed to the injuries he had sustained.

(3.) Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has opposed the application with all vehemence stating that in case, the applicant is released on bail, there is every possibility of his getting involved in offences of similar nature and there is a threat to the witnesses who are likely to testify against the accused in this crime. It is stated that he is a wanted criminal included in the rowdy list of the Anthikkad Police Station, involved in 12 other crimes. It is seen that the accused was involved in offences under Sections 326, 324 and 308 IPC among others. He is not involved in any other case of murder or attempted murder.