NAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) Third successive application for regular bail under Section 439 Cr.P.C.

(2.) The applicant is the 8th accused in Crime No.2414/2020 of Venjaramood Police Station, Thiruvananthapuram, for having allegedly committed offences punishable under Sections 120B, 143, 147, 148, 341, 294(b), 223, 224, 302, 109, 201 and 212 r/w Section 149 of the IPC, and also under Section 27 of the Arms Act.

(3.) The prosecution case, in brief, is that because of political enmity towards the deceased persons, namely Mithilaj and Haq Muhammed, who belong to the DYFI, on 30.08.2020, accused Nos.1 to 7 allegedly entered into a conspiracy to eliminate them as they were gaining popularity and political ground in that locality. Therefore, out of political rivalry, the accused who belong to a rival political group, hatched a conspiracy and as determined, accused 1 to 3 reached Thembamoodu Junction at Pullampara village at about 11 p.m on two motorcycles, one of which was owned by accused No.2 and the other belonged to the applicant herein. They lay in wait for the deceased to arrive. A short while thereafter, the informant accompanied by the two deceased reached there on a motorcycle. A1 to A3 accosted them. They were wrongfully restrained, hurled with abuses, and a scuffle ensued, as a result of which, A2 allegedly chopped Haq Muhammed on his head with a chopper and the 1st accused stabbed Mithilaj with a knife. Both of them sustained fatal injuries, fell down on the road. When Haq Muhammed attempted to escape from the scene, accused 1 to 3 chased him and caused fatal injuries again with a chopper, knife and sword. The people in the locality were drawn to the scene and they moved the injured Mithilaj and Haq Muhammed to the hospital, where they succumbed to their injuries. While fleeing from the scene after the assault, the first accused left behind the motorcycle belonging to the applicant bearing Reg. No.KL 21/K-4201.