SHAJAHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the 14th accused in Crime No.1989/2021 of Town South Police Station, Palakkad District. The offences alleged against the petitioner are under Ss. 143, 144, 147, 148, 341, 302, 120(b), 201, 212, 109 and 118 r/w Sec. 149 of the Indian Penal Code. 1860 apart from Sec. 27(3) r/w Sec. 7(a)(b) of the Arms Act, 1959.

(3.) According to the prosecution, one Sanjith, who was an active worker of the RSS; was murdered, while he was travelling with his wife on a motorbike. Five accused had, after forming themselves into an unlawful assembly and armed with dangerous weapons, came in a Maruti car and rammed into the motorbike of the deceased and thereafter hacked him to death. Petitioner is alleged to have procured the swords, which were the weapons of offence, used in the crime and handed it over to the 7th accused, who in turn handed it over to the other accused to commit the murder and thereby the 14th accused is alleged to be directly involved in the offence.