ROJAN @ THOMAS MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed by the 6th accused in Crime No.2060 of 2018 of Chingavanam Police Station, where, he alleged to have committed offences under SS. 143, 147, 148, 452, 294(b), 506(ii), 308 r/w 149 IPC.

(2.) Allegation of the prosecution is that, on 24/09/2018 at about 11.30 p.m., the petitioner along with other accused formed into an unlawful assembly with knowledge that they also were members of the said assembly with intention to do away the de-facto complainant. Thereafter the accused assaulted the de-facto complainant by using an iron rod. According to the prosecution, if the attack was not evaded, she should have been killed in the occurrence. This is the base on which the prosecution case runs.

(3.) It is argued by the learned counsel for the petitioner/6th accused that, the Sessions Court denied bail to the petitioner, who has been in custody from 02.09.2021, highlighting criminal antecedents to the petitioner on the finding that the petitioner had involvement in eleven (11) cases. It is argued by the learned counsel for the petitioner further that only 9 cases in which the petitioner had involvement and out of which 5 cases alone are pending and all other cases ended in acquittal.