PURUSHOTHAMAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is application for bail filed by the 5th accused in Crime No.1688 of 2013 of Pathanamthitta Police Station under Section 439 of the Code of Criminal Procedure.

(2.) THE case of of the prosecution in nut shell was that on 08.11.2013 at 11 p.m. the accused persons 1 to 4 came in the car bearing registration No.KL 03V 8469 belonged to the 5th accused and inflicted injuries on the de facto complainant on account of his enmity with him as he was suspected to have illicit relations with the wife of first accused, at the instance of the first accused, they have inflicted injuries on the de facto complainant with an intention to commit murder of the de facto complainant and 5th accused had later not produced the vehicle with a view to help the accused persons and destroyed the evidence and thereby they have committed the offences punishable under Section 120B, 364, 342, 324, 506(ii), 307, 326 and 201 read with Section 34 of the Indian Penal Code.

(3.) THE application was opposed by the public prosecutor on the ground that the investigation is not over and the other accused persons are yet to be arrested and the vehicle, which has been used for the commission of the offence, which stands in the name of the petitioner has not been produced so far.