V.K.NISHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners herein are the accused Nos.8 and 7 respectively in Crime No.1192/2016 of the Payyannur Police Station, involving the offences under Sections 143, 147, 148, 506(ii), 449, 427, 323, 324, 354 and 302 r/w 149 of the Indian Penal Code. They seek regular bail from this Court under Section 439 Cr.P.C. This is the petitioners' second application for bail. Their first application was dismissed by this Court on 21.10.2016. They have been in judicial custody since 19.09.2016.

(2.) Calculated brutal murder of a man aged 54 years, is the subject matter of this crime. The prosecution case is that some political activists including these petitioners and some identifiable persons trespassed into the house of the said victim, inflicted many serious and fatal injuries on his body with weapons, thus caused his murder, and when his wife intervened to save him she was also assaulted and molested by the said political gang.

(3.) This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, they will definitely obstruct the investigation.