SUMESH Vs. STATION HOUSE OFFICER THALAPPUZHA POLICE STATION

JUDGEMENT

(1.) Petitioner is the accused in Crime No.214/2018 of Thalappuzha Police Station for offences punishable under Sections 302, 201 read with 34 IPC, 3 read with 25(1)(B)(a) of Arms Act, 1959 and 9B(2) of Explosive Act, 1884. On 24.08.2018 at 6.00 hours, one Kelu was found lying dead with gun shot injury. It was revealed in the course of investigation that the petitioner along with accused Nos. 2 to 4 and Kelu had gone for hunting. It was revealed that gun shot emanated from the country unlicenced gun carried by the petitioner. Accused were arrested and the petitioner is in custody since 27.08.2018. He seeks bail.

(2.) It was revealed that all the accused have gone for hunting along with Kelu. According to the prosecution, the petitioner shot Kelu. There was an allegation that the petitioner had some enmity with the deceased Kelu.

(3.) Opposing the application, the learned Public Prosecutor submitted that other accused were only accompanying the petitioner and the main overt act is attributed to the petitioner herein.