SWATHY SANTHOSH @ SPADIKAM Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant in B. A. No. 6312 is the 2 nd accused, the applicant in B.A.No.5766 of 2018 is the 5 th accused and the applicant in B.A. No. 5351 of 2018 is the 6 th accused in S.C. No 901/2018 on the file of the Principal Sessions Judge, Thiruvananthapuram, which has arisen from Crime No. 302 of 2018 registered at the Pallickal Police Station. In the above case, the applicants herein along with the other accused are being prosecuted for having committed offences punishable under Sections 302, 307, 120 B, 449, 201, 202, 212 r/w 34 of the IPC. Since the applicants herein are the accused in the same Crime, all these applications are considered and disposed of by a common order.

(3.) The prosecution allegation as per the charge can be briefly detailed as under: The 1st accused is a businessman with establishments at Qatar in the middle east. The relationship between the 1 st accused and his wife became strained and it ended in the dissolution of their marriage. He believed that his wife was in an adulterous relationship with a certain Rajesh, with whom, she was maintaining constant contact. He resolved to murder Rajesh and to achieve his object, conspired with the 2 nd accused, who was his friend, employee and gym trainer, all rolled into one. The 2nd accused, who was hired for the purpose by the 1 st accused, contacted accused Nos. 3 ,4, 5 and 7 and hatched a conspiracy to do away with Rajesh. They also assembled in the house of the 6th accused, who is a member of a whatsapp group in which the 3rd accused is a member, and they are alleged to have chalked out a plan to liquidate Rajesh. Weapons and vehicles were mobilized and necessary arrangements were made to make good their escape without leaving any trace. On 26.3.2018, in the late hours, the accused Nos. 2 to 4 proceeded in a Maruti swift car, which was hired for the purpose, and reached the recording studio of the deceased. The accused Nos. 2 to 4 entered the studio and found that CW1, a close friend of Rajesh, was with him. The accused No.4 with intent to murder, flashed a bill-hook and inflicted serious injuries on the body of CW1. After injuring CW1 as aforesaid, the accused Nos. 2 and 3 entered the studio and after cornering Rajesh, with intent to commit murder, inflicted a series of cut injuries with swords. After ensuring that Rajesh would not survive, the accused are alleged to have left the scene. Rajesh was rushed to the hospital, however, his life could not be saved. Based on the statement furnished by CW1, a crime was registered on 27.3.2018. Investigation was taken over by the Inspector of Police, Kilimanoor, who laid the final report before Court.