SAJU V.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The first and second accused in BA No.10739/2023 and the third accused in BA No.10767/2023 in Crime No.655/2023 of Kunnathunadu police station have filed these applications for regular bail under Sec. 439 of the Code of Criminal Procedure, having committed offences punishable under Ss. 120B, 364, 302, 201 and 212 and r/w Sec. 34 of the Indian Penal Code.

(2.) The prosecution allegation is that the son of the first accused, Ansil Saju, was murdered by one Biju on 12/1/2022, and it was one Ebil Benny who had taken Ansil Saju to Biju, and a case was registered with regard to the incident as Crime No.26/2022 of Kurruppampady police station. When the first accused in that case, Biju was released on bail, the first accused gave a 'quotation' to one Eldhose M.K. To do away, Mr.Biju Eldhose obtained money and liquor from the first accused, and he did not murder Biju as promised. Due to that enmity towards Eldhose, accused Nos.1 to 3 committed criminal conspiracy to commit the murder of Eldhose. On 18/8/2023 at about 6.00 p.m., Eldhose was taken in autorickshaw No. KL 40 A 9251 belonging to the first accused by the first and second accused to the rubber estate belonging to one Veliyath Kora, situated about 200 meters north of Kurisu junction at Thrikkalathur and the first and second accused fist and beat Eldhose with hands and the first accused hit on his head with a wooden stick and hit on the left side of his head with a stone. The first and second accused committed his murder, and the first accused, along with the third accused, had taken the first and second accused in a car and helped them to escape after committing murder and thereby committed the above offence.

(3.) The learned counsel appearing for the petitioners and the learned Public Prosecutor were heard.