Conspiracy, even without direct action, can justify denial of anticipatory bail when it poses risks to witness safety and judicial integrity.

O R D E R

Dated this the 7th day of December 2020 Application for anticipatory bail under Section 438 of Cr.P.C. The applicant is the 3rd accused in Crime No.2337/2020 of Karunagappally Police Station for having allegedly committed offences punishable under Sections 120(b), 143, 144, 147, 148, 324, 326, 427, 450 and 307 r/w Section 149 of IPC.

2. The prosecution case, in brief, is that the applicant and seven other persons who are accused in this crime hatched a conspiracy to commit the murder of the de facto complainant who, according to the prosecution, had assaulted the 7th accused a couple of years ago and on 10.07.2020 at about 3.a.m. the applicant and other accused who were members of an unlawful assembly and in accordance with the conspiracy that they had hatched to commit the murder of the de facto complainant, trespassed into his house and attacked him with dangerous weapon likes iron rod, knife and swords. The applicant has an important part in the conspiracy. He had caught hold of the de facto complainant to facilitate the others to attack him. Two fracture injuries were caused that apart very grave lacerated wounds were also caused, as a result of being assaulted with a dangerous weapon like swords and knife.

3. The applicant states that he is innocent and the allegations are not true. Even going by the prosecution case all that the applicant did was catching hold of the de facto complainant and wrongfully restraining him. That apart he did not have any specific overt act in causing injury or hurt to the de facto complainant and therefore he may be granted anticipatory bail.

4. Heard the learned counsel for the applicant and the learned Public Prosecutor.

5. The learned Public Prosecutor submits that the applicant is a history-sheeter having seven other crimes registered against him for offences under Sections 308, 326, 452 and also three cases under the Arms Act. The applicant is a notorious criminal. It is in retaliation to an incident that took place about two years ago, that the applicant and other accused hatched a conspiracy to commit the murder of the de facto complainant. They trespassed into the house of the de facto complainant and assaulted him with dangerous weapons like iron rods, swords and knife and caused very grave injuries to him. They also committed mischief by causing damage to the motorcycle of the de facto complainant parked in the compound. In view of the antecedents of the applicant, he may not be released on bail, submits the learned Public Prosecutor. Accused Nos.1, 2, 4, 5, 7 and 8 have been arrested. The applicant and the 6th accused are the only persons who need to be arrested in connection with this crime. Considering the role played by the applicant in hatching the conspiracy, and very ably assisting the other accused to commit the attempted murder, in case the applicant is released on bail, there is every possibility that he may intimidate or influence witnesses. Therefore, the learned Public Prosecutor submits that he may not be granted the extraordinary remedy of anticipatory bail in this case.

6. After having heard the submission made on both sides and perused the records available, I find that the applicant cannot get himself exonerated of the crime by stating that he did not have any overt act by attacking the de facto complainant with any weapon. Conspiracy is an equally important offence and he had in furtherance of the common object of the unlawful assembly, which was formed as a result of a conspiracy, trespassed into the house of the de facto complainant by breaking open the doors, not only the main doors but also the door of the bedroom where the de facto complainant had hidden himself. After having caused such a rampage, the de facto complainant was mercilessly and brutally attacked. The applicant had caught hold of the de facto complainant to see that he does not escape and that is a very important role played by the applicant for the other accused to beat him and also ch