NJANADAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 Cr.P.C. The applicants are accused Nos. 1 and 2 involved in crime No. 1045 of 2018 of Poovar Police Station. They have been implicated into the crime alleging commission of the offence punishable under Section 307 r/w Section 34 Indian Penal Code.

(2.) There was a strike and various labour unions have decided not to take travellers in the tourist boats at that point of time. The defacto complainant took his boat against the understanding among the labour unions for transporting some guests including foreigners, who were staying at Poovar Island resort. While the boat was proceeding so, two other boats proceeded against in high speed and caused to hit against the boat driven by the defacto complainant. Accordingly, the boat was broken, water entered into it and the passengers were faced in fear that their life would be put to an end. The defacto complainant thereafter lodged FIS before the Poovar Police and based on that the crime in question was registered alleging commission of the offence as aforesaid.

(3.) Petitioners are drivers of separate boats and during the course of investigation, both of them have been taken into custody. They were produced before the court and were remanded to judicial custody. In the said circumstances, this application is moved by both of them jointly seeking regular bail.