ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer in the above petition styled as a bail application, filed under Sec. 482 of the Cr.P.C. is as follows:

(2.) The petitioner herein has been implicated as accused No.4 in Crime No.23/2018 of Bekkal Police Station, which has been registered for offences punishable Secs.449, 302, 397 read with Sec. 34 of the I.P.C. The Police, after investigation, has filed final report/charge sheet in the abovesaid crime and after effecting committal proceedings, the case is now pending before the Sessions Court, Kasaragod, as Sessions Cases, S.C.No. 654/2018. Altogether there are 4 accused in the above case.

(3.) The brief of the prosecution case is that the accused persons, with their common intention to commit robbery and murder of the deceased Subaida, had trespassed into her house and have committed robbery and have murdered the deceased Subaida, while A-3 along with the petitioner herein (A-4) was waiting outside the house of the deceased. Further that the petitioner has been made an approver in the abovesaid case. That the petitioner has been arrested on 1.12.018 and has been under custody since then. That while the petitioner was undergoing detention, after his arrest and remand, the prosecution has filed Crl.M.P.No. 936/2018 of the Judicial First Class Magistrate's Court, Kasargod, seeking permission of the said court to declare the petitioner (A-4) to be approver to the case with tendering pardon for the abovesaid offences. That after compliance with the requisite provisions under Sec.306 of the Cr.P.C., the statement of the petitioner (A-4) was recorded as approver and final report has also been filed. Anx. A-1 is the copy of the order dated 7.4.2018 rendered by the Chief Judicial Magistrate's Court, Kasargod, on Crl.MP. No.936/2018. After considering the matter, the learned Magistrate has ordered in Anx. A-1 order that, in exercise powers under Sec.306 of the Cr.P.C., petitioner, who has been arrayed as A-4 in Crime No. 38/ 2018 of Bekkal Police Station, is granted pardon, subject to the following conditions: