BAVA U. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is the fifth application filed by the petitioner for regular bail under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The earlier four applications were dismissed, taking note of the nature of the crime committed and the alleged involvement of the petitioner. However, in the present application, petitioner brings to the notice of the court a change in circumstances, since two other accused, who were similarly placed, have already been granted bail by this Court.

(2.) Petitioner is the 10th accused in S.C. No.662/2022 on the files of the Additional Sessions Court-I, Palakkad, which arises out of Crime No.1989/2021 of Palakkad Town South Police Station. The offences alleged against the petitioner include Sec. 302 of the Indian Penal Code, 1860.

(3.) The incident that led to the registration of the crime occurred on 15/11/2021 when accused 1 to 5 allegedly formed themselves into an unlawful assembly pursuant to a conspiracy and murdered Sri. Sanjith, an active worker of Rashtriya Swayam Sevak Sangh (RSS). According to the prosecution, while the deceased was travelling on a motorbike along with his wife, the accused restrained him and hacked him to death, thus committing the offences alleged. Petitioner is alleged to be one of the main conspirators of the crime and he was arrested on 6/5/2022 and has been in custody since then.