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2024 Supreme(Online)(KER) 5488

HIGH COURT OF KERALA
MOHAMMED NIAS C.P., J
ELDHOSE V.P – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
GEO PAUL, C.R.PRAMOD, JACOB GEORGE PALLATH, NAVEEN T.U., HARIKRISHNAN A.S., AKSHAI.K.R., MARIYAM MATHEWS, C.B.GAUTHAM

ORDER

This is the third application preferred by the petitioner under Section 439 of the Code of Criminal Procedure, 1973 , seeking regular bail.

2. The petitioner is the third accused in Crime No. 655 of 2023 of Kunnathunadu Police Station, Ernakulam District, which was registered for the offences punishable under Sections 120 B, 364, 302, 201, 212 and 34 of the Indian Penal Code .

3. The prosecution case is that the son of the first accused, (Mr. Ansil Saju,) was murdered by one Mr. Biju on 12.01.2022. The Inspector of Police Kurruppampady Police Station has registered a crime in this regard as Crime No.26 of 2022. Subsequently, the aforesaid Biju was released on bail in Crime No.26 of 2022. On knowing the same, the first accused arranged one Eldhose (deceased in the present case), a hired killer, to murder the said Biju. Even though the said Eldose (deceased in the present case) obtained money and liquor from the first accused, he did not murder the said Biju as undertaken by him and therefore the first accused turned inimical to the said Eldhose. On this enmity, the first and third accused conspired together to murder Eldhose and on 18.08.2023 at 6.00 pm they took Eldhose to a

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