APU ROY Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant herein is the accused in Crime No.681/2019 of the Kottayam West Police Station, in which crime, he is accused of having committed offences punishable under Sections 302, 397 r/w. Section 201 of the IPC and Section 66C of the Information Technology Act, 2000.

(3.) Sri.Pushpanath Saiba, a native of West Bengal, was a friend and associate of the applicant. The applicant hatched a plan to murder Sri.Saiba and appropriate the amount in his bank account. Sri.Saiba was invited to Kottayam and he was taken to a bar and made to consume large amounts of alcohol. After making him incapable of taking care of himself, he was taken to a building under construction and was stabbed to death during the early hours of 18.4.2019. The accused managed to withdraw the amount from the bank account of the deceased using his ATM card. The applicant was arrested on 8.5.2019 and he remains in custody.