ASKAR T.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 439 of the Cr.P.C., 1973

(2.) The applicant herein is the 5th accused in Crime No.202 of 2018 registered at the Mattannur Police Station, under ??447, 341, 342, 324, 326, 307, 302, 120B, 109 and 201 r/w. ?34 of the IPC, ??3 and 5 of the Explosive Substances Act, and ?4 r/w. ?25(1-B)(b) of the Arms Act,1959.

(3.) On 12.2.2018, at about 10.50 P.M., while the informant Riyaz, his friend Shuhaib and two others were sitting in a tea shop at Keezhalloor, the accused Nos. 1 to 4 came in a Wagon R car driven by the applicant herein. They were allegedly armed with deadly weapons, including explosives. It is alleged that the 4th accused blasted three country bombs to terrorize the people. Thereafter, the accused Nos. 1 to 3, who were having previous enmity towards Shuhaib, are alleged to have unleashed a brutal onslaught with weapons and inflicted fatal injuries to Shuhaib, the informant and others. After inflicting injuries, they managed to make good their escape. Shuhaib was rushed to the hospital. However, he was pronounced dead on arrival. In the course of investigation, the role of accused Nos. 1 to 5 came to light. The specific case of the prosecution is that the accused hatched a criminal conspiracy to do away with Shuhaib, who is a rival party member. After completion of investigation in the aforesaid Crime, final report was laid arraying as many as 17 persons as accused. The accused Nos. 1 to 5 are in judicial custody. The accused Nos. 5 to 11 have been enlarged on bail and accused 12 to 17 are still at large.