~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioner is the 1st accused in Crime No.295/2014 of Agali Police Station, Palakkad district registered for the offence punishable under Section 302 read with Section 34 IPC.
3. Deceased Selvakumar alias Crime Selvan had threatened the petitioner and A2 to A4 by telling that he would inform the police with regard to the dacoity of gold committed by them. Out of that enmity, they have decided to commit the murder of Selvakumar. It is alleged that on 18.06.2014 at 10 p.m., the accused abducted deceased Selvakumar and took him by Bolero car bearing registration No.TN-2080-3033 from Coutenpalayam. The car proceeded through Coimbatore - Anakkatty - Agali road. On the way, the deceased was strangulated and severe injuries were inflicted on him on his chest and abdomen, thereby causing his death. Thereafter, they dumped the body at the road side and went away. The petitioner was arrested on 21.09.2014 and thereafter he has been in custody.
4. Heard learned counsel for the petitioner and the learned Senior Public Prosecutor.
5. According to the learned Senior Public Prosecutor, the other accused in the case have not been so far arrested and, therefore, the investigation is presently in a stand still. The learned counsel for the petitioner has pointed out that in respect of the very same incident, Alanthurai police, Tamil Nadu had registered crime in which the 2nd accused has been arrested and he is undergoing detention in custody. According to the learned Senior Public Prosecutor, the investigating officer has no information with regard to the arrest of the 2nd accused and further, the 3rd accused and 4th accused are not arrested even now. The investigation of this case is not over. The allegations against the petitioner are very grave and serious. There are criminal antecedents on the part of the petitioner. Considering all the above, I am of the view that the petitioner is not entitled to be enlarged on bail.
In the result, this Bail Application is dismissed.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/24/11 // True Copy // PA to Judge