ANAS MON KOLOTHUMTHODI Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is an application filed under Section 439 of the Code of Criminal Procedure by the 18th accused in Crime No. 240 of 2012 of Areacode Police Station for having committed offences punishable under Sections 143, 147, 148, 120B and 302 read with Section 149 of the Indian Penal Code.

(2.) THE incident which gave rise to this case is said to have occurred on 10.6.2012 at 7.30 p.m., wherein due to the acts committed by the accused persons, two persons lost their life which was in retaliation of the murder of the brother of one of the accused in this case namely, accused No.4. It is alleged that the petitioner was arrested on 16.6.2012 and eversince then he has been in custody. It is pointed out by the learned counsel for the petitioner is that the role attributed to the petitioner is only that he informed the actual assailants about the location of the victims and that there are no serious allegations against him. Considering the nature of the allegations against the petitioner, the role said to have been played by him in the incident, and the fact that he has been arrested on 16.6.2012, it is contended on behalf of the petitioner that his continued custody is unnecessary. It is pointed out that investigation is almost complete and that the mere fact that two of the accused are not available now may not be a ground to detain the petitioner.

(3.) IT cannot be disputed that the incident as alleged is indeed a gruesome and brutal one. IT seems to be sequel of an earlier murder in which brother of accused No.4 was murdered. As per the prosecution case, right from that day onwards a conspiracy was being hatched to retaliate and that culminated in the incident on 10.6.2012 wherein two persons, namely, Abdul Kalam Azad and Aboobacker Kolakkadan, lost their life. The records made available for perusal will show the nature of the conspiracy hatched and the nature of the brutal act committed. As of now, this court is not expected to go into the veracity of the allegations and it is not necessary to see whether the allegations prima facie make out a case against the accused person.