BHUVANESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 439 Cr.P.C.

(2.) The petitioner is the 4th accused in Crime No. 1661 of 2012 of the Cheranalloor Police Station, presently pending as C.P. No. 10 of 2013 before the Judicial First Class Magistrate's Court-II, Ernakulam. Presently, the crime is being investigated further under Section 173(8) Cr.P.C. by the CBCID, by re-registering it as Crime No. 148/CR/HHW-II/EKM/2013. The offences alleged against the petitioner and the other accused are under Sections 120B, 419, 341, 365, 323, 324, 326, 302 and 201 read with Section 34 of the Indian Penal Code.

(3.) The allegations are relating to the murder of one Imthiyas, who had been allegedly a partner in crimes with a notorious criminal. The said criminal, with whom, he was part and parcel of, entertained enmity towards A1 and consequently, it is alleged that A1 had decided to do away with Imthiyas. The murder was executed in precision as per plans. The investigation has revealed that the petitioner was also part and parcel of the gang which had committed the murder of Imthiyas. The petitioner has been in custody for the period from 12.03.2013 onwards.