PRAVEEN ALEXANDER Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS is a petition for regular bail filed by the 2nd accused in Crime No. 89/2009 of Kadakkavur Police Station where the allegation is commission of offence punishable under sections 143, 147, 148, 149, 294 (b), 307, 323 and 324 IPC. The case of the prosecution is that on 6. 3. 2009 at about 10 pm the petitioner, along with some others, formed an unlawful assembly, armed with deadly weapons and inflicted injury on the de facto complainant and thereby committed the offences alleged. In connection with the crime, he was arrested on 9. 3. 2009 and since then he has been under judicial custody.

(2.) ACCORDING to the counsel for the petitioner, the petitioner was implicated in the crime at the behest of one mr. Abhilash for political reasons. According to him, the name of the petitioner was not mentioned either in the FIR or in the FIS and it was subsequently added only at the instance of the said person. More over, no overt acts have been alleged against him.

(3.) HIS application for bail moved before the Sessions court, Thiruvananthapuram has been rejected as is obvious from annexures-1 and 2. Yet another application for the same was dismissed on 25. 4. 2009 vide Annexure-3. It was in the said circumstances that he has filed the present application. The petitioner who is the 2nd accused in the aforesaid crime has been taken into custody in connection with the crime on 9. 3. 209 and since then he has been under judicial custody. The contentions advanced on his behalf cannot be ignored altogether. The investigation in the crime is yet to be completed. In such circumstances, I think the petitioner can be enlarged on bail with stringent conditions.