MUHAMMED MANSOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 4th accused in Crime No.1016 of 2021 of Pulikeezhu Police Station, Pathanamthitta. The FIR was registered on 2/12/2021 in the present case alleging offences punishable under Ss. 143, 144, 147, 148, 302, 506(ii) and 294(b) read with 149 of the Indian Penal Code. The petitioner was arrested on 3/12/2021 and has been in custody ever since. The final report has been filed on 2/2/2022 alleging offences punishable under Ss. 120B, 143, 147, 148, 302, 307, 452, 506(ii), 294(b), 149 and 212 of the Indian Penal Code and under Sec. 20 read with Sec. 27 of the Arms Act.

(2.) The gist of prosecution case is that on 2/12/2021 the deceased Sandeep who was a CPI(M) party activist was attacked and stabbed which led to the death of Sandeep.

(3.) Learned counsel for the petitioner submits that he was arrested on 3/12/2021 and has been in custody ever since. It is submitted that the continued detention of the petitioner is not required for the purpose of the investigation. Learned counsel for the petitioner further submits that by Annexures-A1 and A2 orders accused Nos.2 and 3 have already been granted bail by this Court and the 5th accused was granted bail by this Court in BA No.11095 of 2023. Petitioner would further contend that the allegation against the petitioner is similar to that of the 2nd accused, who has been granted bail by this Court as per Annexure-A1 order.