P.GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these cases are arrayed as accused Nos.1 to 5 in Crime No.6/2022 of Crime Branch Police Station, Ernakulam (hereinafter referred to as Crime No.6/2022) alleging commission of offences under Ss. 116, 118, 120- B and 506 of the Indian Penal Code read with Sec. 34 of that Code. Petitioners in Bail Application No. 248 of 2022 namely, Gopalakrishnan @ Dileep is A1, P.Sivakumar @ Anoop is A2, and T.N Suraj is A3. The petitioner in Bail Application No. 300 of 2022 namely Krishnaprasad.R is Accused No.4, though he is referred to in the F.I.R as "Appu". The Petitioner in Bail Application No. 288 of 2022 namely Byju B.R (Baiju Chengamanadu) is the 5th accused. There is one other accused who is yet to be identified. After filing of these bail applications a report has been filed before the Judicial First Class Magistrate-I, by the Investigating Officer in the aforesaid crime stating that the offence under Sec. 120B (1) of the Code has been changed to 120B (1) of Sec. 302 of the IPC. The parties are hereinafter referred to by their rank in the list of accused persons unless indicated otherwise. The Annexures referred to in this order are referred to in the manner that they are marked in B.A No. 248 of 2022, unless indicated otherwise.

(2.) The 1st accused is also the 8th accused in Crime No.297/2017 of Nedumbassery Police Station (hereinafter referred to as Crime No. 297/2017) which is now pending trial as S.C. No.118/2018 on the file of the Additional Sessions Judge (CBI Court-III), Ernakulam. The circumstance which led to the registration of Crime No.6/2022 is the information given by one Balachandra Kumar that the 1st accused together with the other accused in the case (including the yet to be identified 6th accused) conspired to do away with the investigating officer and other officers who are connected with the investigation etc of Crime No.297/2017. The aforesaid Balachandra Kumar filed Annexure-G complaint before the Station House Officer, Nedumbassery Police Station on 22/11/2021 and thereafter gave 2 statements namely Annexures H & I giving the details of the alleged conspiracy between the accused in this case. He also provided certain voice clips and videos and other materials which allegedly prove the existence of the conspiracy. The Station House Officer, Nedumbassery Police Station forwarded the same to the investigating officer in Crime No.297/2017 (One Baiju Paulose, Dy.S.P, Crime Branch, Alappuzha) following which Annexures H & I statements were recorded from Balachandra Kumar by the aforesaid Baiju Paulose and thereafter he submitted Annexure-J complaint 9/1/2022 before the Additional Director-General of Police (Crimes). The said officer directed the S.H.O, Crime Branch Police Station to register a case and also directed its investigation by the Superintendent of Police, Crime Branch, Ernakulam. Accordingly, Annexure-F, First Information Report came to be registered as Crime No.6/2022 of Crime Branch Police Station. Apprehending arrest in the aforesaid crime, the petitioners have approached this court by filing the above bail applications.

(3.) I have heard Sri. B. Raman Pillai, learned Senior Advocate instructed by Mr. Philip T. Varghese, appearing for the petitioners in these bail applications and Sri. T.A. Shaji, learned Senior Advocate and Director General of Prosecutions duly instructed by Sri. P. Narayanan, Additional Public Prosecutor for the State.