UNNI Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under Sec. 439 Cr.P.C. the petitioner who is the first accused in Crime No. 227/2005 of Mararikkulam Police Station for offences punishable under secs.115, 120B, 307 and 302 read with sec.34 I.P.C., seeks his enlargement on bail.

(2.) The occurrence took place on 20-7-2005. The petitioner was arrested on 29-7-2005.

(3.) Adv. Sri. Mohanan, the learned Addl. Director General of Prosecutions, opposed the application. He made the following submissions before me:- This is a case in which accused Nos. 6 and 7 who wanted to exterminate their former employee and subsequent business rival Ramesh had engaged the petitioner and the 2nd accused who are hired gundas and in pursuance of the criminal conspiracy hatched by all the persons, Ramesh who was travelling along with his sister Latha, her father-in-law Vijayadharan and one Kuttikrishnan an associate of Ramesh in a Tata Safari Car driven by one Shamsudeen on 20-7-2005 was killed by the first accused by dashing a Lorry against the Tata Safari Car. On account of the collision, Ramesh, Latha and driver Shamsudeen sustained fatal injuries to which they succumbed and Vijayadharan and Kuttikrishnan sustained serious injuries. The petitioner is an accused in Crime No. 2/99 of Palluruthi Police Station inter alia for an offence punishable under Section 307 I.P.C. He is also an accused along with the 2nd accused in Crime No. 84/99 of the same police station for an offence punishable under Sec. 395 I.P.C. In Crime No. 250/00 of the very same police station, the petitioner is an accused for an offence punishable under Sec. 401 I.P.C. The petitioner is an accused in Crime No. 4/02 for offences punishable under Sections 323 and 324 I.P.C. This was a brutal murder. Eventhough a further report has been filed by the investigating agency, the three more accused persons who are sought to be added are still absconding. The trial of the case may be expedited by issuing appropriate directions to the Sessions Judge, Alappuzha.