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2012 Supreme(Ker) 540

N.K.BALAKRISHNAN
C. H. Ashokan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:M.K. Damodaran (Sr.), Alan Papali, Sojan Micheal, Gilbert George Correya, Advocates.
For the Respondent:K.P. Dandapani, Advocate General.

JUDGMENT

1. The petitioner is the 1st accused in Crime No.233/2012 of Chombala Police Station, Kozhikode District. The offences alleged against this petitioner and others are under sections 143, 147, 148, 115, 118, 120-B r/w 149 of IPC. The petitioner was arrested in connection with this case on 07.06.2012. Since then he has been in judicial custody.

2. The learned senior counsel appearing for the petitioner, Sri.Gopalakrishna Kurup and the learned Advocate General have been heard.

3. It is alleged that Mr. T.P. Chandrasekharan, who was a local leader of the C.P.I.(M), along with others, left C.P.I.(M) and formed a new party called 'Revolutionary Marxist Party' (R.M.P). As some persons who originally belonged to C.P.I.(M) left that party and joined R.M.P., the petitioner and other leaders hatched a criminal conspiracy to murder Mr.T.P.Chandrasekharan and for that purpose, preparations were made in pursuance of that conspiracy. According to the prosecution, that conspiracy was hatched in September 2009 from the house of A11 at Mahe and also from Onchiyam Area Committee of C.P.I.(M) situated at Nadapuram Road and for that purpose, according to the prosecution, a team which included A
















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