IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 17^TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 BAIL APPL. NO. 1129 OF 2022 CRIME NO.897/2021 OF ALAPPUZHA POLICE STATION, ALAPPUZHA DISTRICT PETITIONERS/ACCUSED:

1 SUDHEER AGED 34 YEARS S/O ABDUL SHUKOOR, ADIVARAM SEBIL MANZIL, PANAMOODU KANDATHIL, MANNANCHERI VILLAGE, ALAPPUZHA -, PIN - 688538

2 ARSHAD NAVAS AGED 22 YEARS S/O NAVAS, THURIGHIYIL GARDENS, AMBANAKULANGARA, MANNANCHERI VILLAGE, ALAPPUZHA , PIN - 688538

3 ALI AHAMMAD AGED 18 YEARS S/O NAISAM, MAHCHATTU COLONY, AMBANAKULANGARA, MANNANCHERI VILLAGE, ALAPPUZHA , PIN - 688538

4 ASIF SUDHEER @ ACHU AGED 19 YEARS S/O SUDHEER, PARAPPIL HOUSE, AMBANAKULANGARA, MANNANCHERI VILLAGE, ALAPPUZHA , PIN - 688538

5 NISHAD AGED 36 YEARS S/O SHAJUDHEEN, MACHATTU COLONY, AMBANAKULANGARA, MANNANCHERI VILLAGE, ALAPPUZHA , PIN - 68853 BY ADVS.

NANDAGOPAL S.KURUP SURESH BABU THOMAS RESPONDENT/COMPLAINANT:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT:

SRI. P. NARAYANAN (ADDL. PUBLIC PROSECUTOR)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application for regular bail.

2. Petitioners are accused Nos. 13 to 17 in Crime No. 897 of 2021 of Alappuzha Police Station, Alappuzha District, alleging commission of offences under Sections 143, 147, 148, 324, 326, 341, 354, 506, 427, 118, 120(B), 201 & 302 r/w Section 149 of the Indian Penal Code.

3. The allegation against the petitioners is that the petitioners along with the other accused in the case hatched a conspiracy to murder one Ranjith, a practicing advocate of Alappuzha Bar, in retaliation for the killing of one Shan, who was the State Secretary of a political outfit, named 'SDPI', and in furtherance of the same, on 19.12.2021, the accused 1 to 12 formed themselves into an unlawful assembly and trespassed into the house of Ranjith and murdered him in a brutal fashion.

4. The learned counsel for the petitioners would submit that the petitioners are not the persons, who are alleged to have committed the offence. It is submitted that the petitioners have no part in the conspiracy, alleged to have been hatched regarding the murder of the aforesaid Ranjith. It is further submitted that there is absolutely no material collected by the prosecution, which could lead to the conclusion that the petitioners were also part to the conspiracy. It is also submitted that, if at all, the only allegation that could be levelled against the petitioners is that under Section

212 of the Indian Penal Code, which is a bailable offence.

5. The learned Additional Public Prosecutor appearing for the State vehemently opposes grant of bail. It is pointed out that the murder of the aforesaid Ranjith was carried out in a most brutal fashion by accused Nos.1 to 12. It is submitted that the prosecution has collected sufficient evidence to establish that the petitioners herein were also part to the conspiracy to murder the aforesaid Ranjith. It is further submitted that there are materials collected by the prosecution, which would show that the petitioners were very much in contact with accused 1 to 12 and they had ganged up together and conspired to commit the offence. It is submitted that the materials collected include digital evidence, which would show that the petitioners were in constant touch with the persons, who actually carried out the murder. It is further submitted that the statements of independent witnesses have also been collected to prove that the petitioners and the other accused in the case had all conspired together to commit the offence. It is alleged that the investigation conducted thus far also reveals that there was also a plan that if the attempt to murder the aforesaid Ranjith by the accused 1 to 12 did not succeed, another group including the petitioners herein would execute the murder. It is submitted that, therefore, the