Amalraj And Ors vs State Of Kerala

Application for regular bail under Section 439 Cr.P.C. The applicants are accused Nos.8, 9 and 10 in Crime No.257/2020 of Kannavam Police

Station, Kannur, for having allegedly committed offences punishable under Sections 143, 147, 148, 120B, 341, 302 r/w Section 149 of the IPC and

under Sections 25 and 27 of the Arms Act.

The prosecution case, in brief, is that on 08.09.2020 at about 2.30 p.m, while a person named Salavuddin was travelling in a car bearing Reg.

No.KL-58-Y-8118 to Koothuparamba, and reached Kachery turning, their car collided with a motorcycle and allegedly sustained some minor injuries.

A few people gathered there and the applicants were also present there. It is stated that there were the deceased and his sisters in the car were

asked to go, but thereafter a few people came running towards there and prevented the car from proceeding further and consequent to that there was

an assault on the deceased by means of dangerous weapons by the applicants who are members of an unlawful assembly, and the prosecution of the

common object of the said unlawful assembly, the deceased was done to death. It is alleged that even prior to this incident, there was a larger

conspiracy hatched by all the accused together to eliminate the deceased, because he was accused No.7 in another crime which is also a political

conflict. The deceased allegedly belonged to the SDPI and the accused are members of RSS ABVP BJP. An RSS man was allegedly killed and the

deceased was an accused in that crime and it is in retaliation that the present incident took place as a result of conspiracy.

The applicants state that they are innocent and the allegations are not true. There is no material to indicate that they were part of the conspiracy. It

is also stated that there is no specific overt act attributed to them regarding assaulting the deceased. It is true that they were present at the scene of

occurrence. They are also residing near the scene of occurrence and therefore, their presence at that particular time is natural. The mere fact that

they belonged to a political group does not mean that they were involved in the alleged conspiracy or the assault. Therefore, the applicants seek

regular bail since they have been in custody for more than 100 days. Investigation is complete and the final report has already been filed.

Heard the learned counsel for the applicants and the learned Public Prosecutor.

The learned Public Prosecutor submits that there is clear evidence indicating that the applicants were part of the conspiracy. Phone locations and

the statements of witnesses indicate that they had hatched a conspiracy and therefore there is sufficient material to prove the complicity of the

applicants. It is however admitted that the applicants were not part of the assailants who had murdered the deceased, but they were present in that

location and it is as per a conspiracy that the accused who had active role performed the act of murder. It is also submitted that accused Nos.9 and 10

have criminal antecedents. The investigation has been completed and the final report has been filed and taken on the file of the Koothuparamba

Judicial First Class Magistrate Court as CP NO.56/2020. The applicants have been in custody for more than 100 days. It is true that the applicants 2

and 3 have some antecedents. They are involved in another crime. But the fact remains that the applicants were not actively involved in the crime

apart from being conspirators. The act of being conspirators will have to be proved by evidence. Apprehension of the prosecution is that in case they

are released on bail, there is a possibility of another retaliation and failure in law and order at the locality, for that stringent conditions can be imposed.

Under the circumstances, I find that there is no need for further detention of the applicants.

In the result, the bail application is allowed and the applicants are directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty

thousand only) each with two solvent sureties for the like amount each to the satisfaction of the jurisdictional court and on the following conditions;

They shall not enter the Kannavam Police Station limit for a period of six months.

They shall not attempt to influence or intimidate the witnesses.

They shall not get involved in similar offences during the currency of the bail.

In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional court.