O R D E R

This is an application for Regular Bail.

2. BA No.8316/2022 is filed by the 3rd accused whereas BA No.8346/2022 is filed by the 5th accused in Crime No.1016/2021 of Pulikeezhu Police Station, Pathanamthitta alleging commission of offences punishable under Sections 120 B, 143, 144, 147, 148, 302, 452, 427, 506(ii), 294(b), 212 and

149 of the IPC and Section 20 r/w Section 27 of the Arms Act.

3. The prosecution allegation is that, on account of political rivalry towards Mr. Sandeep Kumar, the deceased, the 1st accused with the intention to kill him hatched a criminal conspiracy along with the petitioner and other accused on 02-12-2021, at about 3 PM, in Room No. 215 in JJ International lodge situated in Kuttipuzha Village and all the accused formed into an unlawful assembly on the same day with their common object to kill him and committed rioting armed with deadly weapons such as knife and sword stick. It is further alleged that accused No.1 abused deceased and pushed him to the paddy field on the same day at 8.05 PM. Thereafter, A2 and the petitioner caught hold the deceased and the 1st accused inflicted severe stab injuries on his chest and back and due to the injury he died on his way to the hospital. Thereafter, A4 & A5 abused CW20 and try to kill him by brandishing the swordstick. Thereafter, A1 to A5 trespassed into the stationery shop and a house near to St.Mary's Catholic Church and committed mischief by breaking the bottles in the shop and thereby caused a loss to the tune of Rs. 300/-. It is further alleged that A6 harboured A1 to A5 with knowledge that they will commit murder and thereby committed the aforesaid offences.

4. The learned counsel for the petitioners submitted that the petitioners are falsely implicated in the above said crime and are in custody from 03.12.2021 onwards. It is further submitted that the allegation that the alleged offence has committed due to political rivalry, is denied by the petitioners. It is further contended that the final report is already laid and the case is now pending as SC No.157/2022 on the file of the Additional District and Sessions Judge- IV & Addl. MACT, Pathanamthitta. It is further contended that since the charge sheet is already laid, further detention of the petitioners is not required for the purpose of the investigation and also submitted that though the petitioners moved BA Nos.4079/2022 and 4079/2022 before this Court seeking bail the same was dismissed as withdrawn as per Anx.2 – order produced in both the bail applications. Thereafter, the petitioners moved application before the Addl. District & Sessions Court – IV & MACT, Pathanamthitta, the same was rejected as per Anx.3 –

order.

5. The learned Public Prosecutor seriously opposed the application for bail mainly contending that the deceased was attacked due to political enmity and later he succumbed to injuries at the hospital. It is further alleged that on 03.12.2021 the accused persons were arrested and are in judicial custody since then. It is further submitted that the 3rd accused is involved in other crimes as follows :-

1. Crime No.1444/2021 alleging commission of offences punishable under Section 395 of the IPC of Ettumanoor Police Station.

2. Crime No.1455/2021 alleging commission of offences punishable under Section 307 of the IPC.

3. Crime No.778/2021 alleging commission of offences punishable under Section 365, 392, 341, 342, 447, 506(ii), 323, 324, 324 and Section 34 of the IPC of Haripad Police Station.

Whereas the 5th accused is involved in crimes as follows :-

1. Crime No.985/2020 alleging commission of offences punishable under Section 395 of the IPC of Thrikkodithanam Police Station.

2. Crime No.778/2021 alleging offences punishable under Section 365, 392, 341, 342, 447, 506(ii), 323, 324, and Section 34 of the IPC of Haripad Police Station.

The learned Public Prosecutor further submitted that there are eye witnesses to the incident and further contended on strength of the post-mortem certificat