ASHARUF ALIAS MUHAMMED ASHARUF Vs. STATE OF KERALA

JUDGEMENT

(1.) In this Petition filed under Sec. 439 Cr.P.C. the petitioners, who are accused Nos.2 and 3 in Crime No.74/07 of Pattambi Police Station for offences punishable under Sec.302 read with section 34 I.P.C. and section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, seek their enlargement on bail.

(2.) Learned Public Prosecutor opposed the application.

(3.) The case of the prosecution is that the petitioners along with the first accused committed murder of one Gopalan at about 8.30 p.m. on 24.1.2007 after beating him with the handles of spade. The deceased Gopalan was a member of the scheduled caste. The petitioners were arrested on 10.3.2007.