ORDER

Dated this the 03rd day of March, 2021 APPLICATION FOR REGULAR BAIL The applicant is the 12th accused in Crime No.1225 of

2020 of Anthikkad Police Station, Thrissur, for having allegedly committed offences punishable under Sections 120B, 341, 324, 326, 302, 392, 506(ii), 212, 109 read with Section 34 of the IPC and Section 27 of the Arms Act. The prosecution case, in brief, is this:

2. The deceased Nidhil, was accused No.8 in a case of the murder of one Adharsh and he was undergoing trial in that case. He was released on bail on 14.08.2020. The murdered person belonged to the gang of the accused in this crime. The prosecution case is that during the night of 14.08.2020 extending up to the next day morning, the accused hatched a conspiracy at a rented accommodation at Cherpu to commit the murder of the deceased in retaliation to the murder of Adarsh. Accordingly, accused Nos. 1 to 6 were entrusted with the job of killing the deceased. The conditions on which the deceased was released on bail required him to appear before the investigating officer on particular days. On 10.10.2020, at about 11.15 AM, when the deceased was on his way to comply with the bail condition, accused Nos. 1 to 6 wrongfully restrained the deceased, who was coming in a car and pulled him out of the car and mercilessly slaughtered him with dangerous weapons like sword and axe and he succumbed to it. The Post Mortem report indicates that he had sustained 69 injuries, out of which, 35 injuries were fatal and were sufficient to cause his death. The role of the applicant is that he was an important member of the conspiracy. He is the person having criminal antecedents with has five cases registered against him for offences inclusive of an offence under Section 307 IPC. He had entrusted dangerous weapons to accused Nos.1 to 6 who carried out the decision of the conspiracy. The applicant states that he is innocent and the allegations are not true. There is no overt act attributed to him. And, therefore, he is entitled to bail. He has been in custody from 09.11.2020 and prays that he may not be detained any further.

3. Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. The learned Public Prosecutor has vehemently opposed the application for bail stating that the bail applications of all the remaining accused have been dismissed. Accused Nos. 8, 9 and 11 alone were granted bail because they were alleged to be collection agents of the 7th accused, who is a money lender and they did not have an active role. In the final report, they have been arrayed as A10, A11 and A13. And, moreover, they also did not have any criminal antecedents as the applicant in this application.

4. The learned counsel appearing for the applicant submits that accused Nos.8, 9 and 11(A10,11 and 13) were also part of the conspiracy just like the applicant. And, therefore, the applicant being similarly placed, is entitled to bail. The learned Public Prosecutor submits that A7 is the kingpin of the entire incident. He is a money lender and the rivalry between the two gangs pertains to the money lending business. He is presently stationed in Goa and had come to Kerala particularly, for the purpose of retaliation and committing the murder of the deceased in this crime. He reached the place of conspiracy and it is as per his instructions that the conspiracy was hatched. And, therefore, the bail application filed by him was rejected. The applicant is also similarly placed. Because he is closely associated with the 7th accused, in hatching the conspiracy. He is the person having criminal antecedents and is not like accused Nos.8, 9 and 11(A10,11 and 13). Because, they do not have any criminal antecedents and they are only collection agents, who are not involved in any other crime. Considering these facts, the application for bail is vehemently opposed by the learned Public Prosecutor.

5. After having heard the submissions made on both sides, I find that the pres