ANAND MURUGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that on 13.09.2020, the accused Nos.1 to 14 along with the other accused conspired to commit murder of a 19 year old boy named Fahad Hussain for the reason that he had disputed with the accused persons regarding dealing with narcotic drugs. As a result of the conspiracy, accused Nos.1 to 14 hacked the deceased boy and also caused injuries to others who were accompanying him and the deceased succumbed to the injuries sustained in the brutal attack. The applicant was arrested on 03.11.2020 and remanded to judicial custody the next day. He has been in custody since then. His application for bail was rejected both by the jurisdictional Magistrate and thereafter by the Sessions court.

(3.) The applicant states that he is innocent and the allegations are not true. The specific allegations against him is that he was also the part of the conspiracy and that A3 had used the scooter belonging to the applicant for the perpetration of the crime and they had also decamped from the scene of occurrence after commission of the offence using the scooter belonging to the applicant. The applicant therefore submits that apart from the fact that he is alleged to be part of the conspiracy, he had no active role and there is no specific overt act attributed to him. He has been in custody for a fairly long time. He need not be subjected to any further interrogation and therefore prays that he may be granted bail.