Shihab vs State Of Kerala

The applicant is the 5th accused in Crime No.964 of 2020 of Anthikkad Police Station, Thrissur, for having allegedly committed offences punishable

under Sections 341, 324, 326, 302, 212, 120B and 109 read with Section 34 of the IPC. The prosecution case, in brief, is this:

The applicant and the other accused hatched a conspiracy to commit the murder of the defacto complainant's son namely Adarsh, due to the

previous enmity towards him and in consequence of that conspiracy, on 02.07.2020, at about 9.50 AM, the applicant arranged a car bearing

Reg.No.KL-47-G-5487 from the 6th accused and handed over the same to accused Nos. 1 to 4 for committing the act and they allegedly in

furtherance of common intention and as a result of the conspiracy, wrongfully restrained the defacto complainant's son Adarsh and attacked him by

means of dangerous weapons like a chopper and brutally murdered him. He succumbed to the injuries he had sustained. The applicant was arrested

on 03.07.2020 and continues in custody. The main allegation against him is that he was part of the conspiracy. He also abetted accused Nos. 1 to 4 to

carry out the plans of the conspiracy and that he is a notorious criminal, a history-sheeter, involved in 12 other crimes.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has opposed the

application with all vehemence stating that in case, the applicant is released on bail, there is every possibility of his getting involved in offences of

similar nature and there is a threat to the witnesses who are likely to testify against the accused in this crime. It is stated that he is a wanted criminal

included in the rowdy list of the Anthikkad Police Station, involved in 12 other crimes. It is seen that the accused was involved in offences under

Sections 326, 324 and 308 IPC among others. He is not involved in any other case of murder or attempted murder. This is the 1st case in which he is

involved in an offence punishable under Section 302 of the IPC. A6 was already released on bail. A6 is the person, who had handed over the car to

him, in which accused Nos. 1 to 4 travelled to commit the offence. Hence, the role of the applicant is also limited to that extent. But as he is a part of

the conspiracy, he is also liable for an offence under Section 302 of the IPC and will also have to face the consequences. But the mere fact that he

was involved in 12 other crimes and is a history-sheeter alone will not be sufficient to deny him bail. He has been in custody from 03.07.2020. There is

no other purpose behind detaining him for a longer period than this. Stringent conditions can be imposed to see that he does not intimidate or influence

witnesses.

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

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

(i) He shall appear before the Investigating Officer on all Saturdays between 9.00 AM and 12.00 PM for a period of three months.

(ii) He shall not enter the jurisdictional limits of the Anthikkad Police Station, except for compliance of Condition No.1

(iii) He shall not intimidate or influence witnesses and tamper with evidence.

(iv) He shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.