Sanal vs State Of Kerala And Anr

The applicant is presently the 2nd accused in Crime No.2414/2020 of Venjaramoodu Police Station, for having allegedly committed offences

punishable under Sections 143,147,148,149,341,294(b),323,324,302,109,120(b),201 and 212 of the I.P.C. and Section 27 of the Arms Act.

The prosecution case in brief is that, on 17-04-2020 at Thembamoodu Junction, during a campaign of the General Elections, there was a multiple

animosity between D.Y.F.I and Congress workers in that region. And accordingly, a conspiracy was hatched to do away with two persons named,

'Midhilaj' and 'Haq Muhammed'. In furtherance of that conspiracy and a common object of an unlawful assembly, they intercepted the deceased

persons, wrongfully restrained them, hurled abuses at them and thereafter accused Nos. 1 to 3 carried out the designs of the conspiracy, attacking the

deceased with dangerous weapons and inflicted fatal injuries on resulting in their death. The applicant was arrested on 01-09-2020 and continues in

judicial remand. The applicant states that he has been falsely implicated and it was only out of political rivalry that he has been implicated as an

accused and that he may be released on bail.

I have heard the learned counsel appearing for the applicant and also the learned Public Prosecutor.

The learned Public Prosecutor points out that the bail applications filed by all other accused including those who were only a part of the conspiracy

were dismissed by this Court. The applicant is the person who was actively involved in carrying out the designs of the conspiracy and had inflicted the

fatal injuries on the deceased. Under the circumstances, in case, he is released on bail, he is definitely going to influence the witnesses, tamper with

evidence and also intimidate the witnesses hampering with the entire trial. It is submitted that the Final Report has already been filed and has been

taken on file as C.P. No.80/2020 by the Judicial First Class Magistrate Court-I, Nedumanagad. The committal proceedings is likely to get over in a

short while and there is every possibility of the trial progressing. Considering the gravity of the offence, the learned Public Prosecutor has vehemently

opposed the application for bail.

After having heard the submissions made on both sides, I find that the applicant is one of the persons who was actively involved in causing the fatal

injuries on the deceased persons. He has got antecedents also, as pointed out by the learned Public Prosecutor. Under the circumstances, when the

bail application of other accused were rejected, there is no possibility of granting bail to the applicant who is the prime accused.

Under the circumstances, the application for bail is dismissed, and I am sure that the committal court as well as the trial court would take steps to

expedite the trial.