Abhilash K.P. vs State Of Kerala

This is an application for anticipatory bail under Section 438 of Cr.P.C.

The applicant is the 16th accused in Crime No.419/2020 of Panangad Police Station for having allegedly committed the offences punishable under

Sections 120B, 143, 147, 148, 341, 323, 324, 302, 212, 201, 294(B) and 506(ii) read with Section 149 of the I.P.C.

The prosecution case, in brief, is that the applicant had entered into a criminal conspiracy with the remaining accused to murder a young man aged

19, named Fahad Hussain, and in the prosecution of the common object of the unlawful assembly, they attacked the deceased and three other injured

and caused fatal injuries on the deceased resulting in his death. It is stated that the reasons for the attack were because the deceased and others had

allegedly given a tip-off regarding the involvement of two persons in peddling drugs.

The applicant states that he is innocent and the allegations are not true and that he has no criminal antecedents and that he has a family to look

after, consisting of his wife, son and aged mother, and therefore, prays that he may be granted anticipatory bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Counsel submits that the applicant has no criminal antecedents, and moreover, there is no specific overt act of causing any fatal injuries

attributed to the applicant, and therefore, he may be granted bail since most of the accused have been granted bail.

The learned Public Prosecutor submits that the applicant is a part of the conspiracy and a member of the unlawful assembly, which actually

attacked the deceased and caused fatal injuries. And therefore, he may not be granted anticipatory bail.

After hearing the submissions made on both sides, I find that the applicant is alleged to be a part of the conspiracy to commit murder. The

conspiracy was carried out and the unlawful assembly consisting of accused 1 to 16 was formed at INTUC Junction in Panangad and fatal injuries

were caused on the deceased; while others were also inflicted with serious injuries. The applicant was a very active member of that unlawful

assembly, and therefore, he cannot be granted the exceptional remedy of anticipatory bail in this case. In view of the fact that the final report has

already been filed, the applicant is directed to surrender before the jurisdictional court and apply for regular bail. The Bail Application is dismissed.