NAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge in this petition is directed against the order dated 20.03.2019 passed by the learned Magistrate refusing the prayer of the petitioner herein to release autorickshaw bearing Reg. No.KL-43/D-4783 on interim custody.

(2.) In a gruesome incident which took place on 2.7.2018, three students of the Maharajas College, Ernakulam, were attacked allegedly by a rival group of persons at midnight. One person succumbed to the injuries and two others suffered serious wounds. Crime No.1548 of 2018 of Central Police Station, Ernakulam was registered under Sections 143, 147, 148, 120(B), 341, 324, 326, 307, 201 r/w. Section 149 of the IPC. Some of the accused are still absconding and a split charge has been laid against the others.

(3.) In the course of investigation, it was revealed that accused Nos. 1 to 16 were involved in the actual act and accused Nos. 17 to 26 had partaken in the conspiracy to commit the act of murder and other injuries. The petitioner herein was arrayed as the 24th accused on the allegation that he had a role to play in the conspiracy hatched by the accused and in assisting the main accused to escape from the scene of crime in his autorickshaw.