Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 30TH DAY OF OCTOBER 2020 / 8TH KARTHIKA, 1942 CRIME NO.642/2020 OF Nileswar Police Station , Kasargod PETITIONER/S:
1 AKHIL M AGED 25 YEARS, S/O. SREENIVASAN, SWARAM NIVAS, NILESHWARAM, THAIKADAPURAM, KASARAGOD, KERALA-671314. 2 PRASAD K.V., AGED 30 YEARS, S/O T.P. PREMAN, THEKKEPURAYIL, KASARAGOD, NEELESHWARAM, THAIKADAPURAM, KERALA-671 314. 3 SURAJ P., AGED 32 YEARS, S/O RAVI T.P. THEKKE VEEDU, THAIKADAPURAM, NEELESHWARAM, KASARGOD, KERALA- 671314. 4 MANIKANDAN M., AGED 40 YEARS, S/O MADHAVI M, MALLAKKARA HOUSE, NEELESHWARAM, THAIKADAPURAM, KASARAGOD, KERALA-671314. BY ADVS. SRI.RAHUL SASI SMT.NEETHU PREM SHRI.VIVEK.P.K
RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031. 2 STATION HOUSE OFFICER, NEELESHWARAM POLICE STATION, KASARAGOD. OTHER PRESENT: SRI.C.N.PRABHAKARAN, SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
Dated this the 30th day of October 2020 This is an application for anticipatory bail under Section 438 of Cr.P.C.
2. The applicants are accused 6 to 9 in Crime No.642/2020 of Nileswar Police Station for having allegedly committed the offences punishable under Sections 143, 147, 148, 153, 283, 353 and 332 read with Section 149 of the I.P.C.
3. The prosecution case, in brief, is that on 28.09.2020 at about 6.10 PM the applicants along with
other identifiable persons totalling 95, formed an unlawful assembly and in the prosecution of the common object of the unlawful assembly, committed riot armed with deadly weapons, and thereafter, the policemen came there, then the accused persons pelted stones and attacked and deterred them from carrying out their duty as public servants. The Sub Inspector of Police dislocated his shoulder, a Constable from the Armed Police sustained contusion injuries and some minor injuries were also caused to other policemen also. The applicants were leading the mob, which was involved in the alleged attack, and therefore, it is alleged that the applicants were the perpetrators of the crime, who incited the others to break the law.
4. The applicants state that they are innocent and the allegations are false and that there is absolutely no evidence to indicate their active involvement in the
alleged assault of the police officers. It is also stated that because of the lathi-charge, the S.I.of Police had dislocated his shoulder and that it was not due to an assault by any of the applicants.
5. After having heard both sides and on perusal of
the records, I find that this is an attack by a group of people totalling about 95 persons and attacking the policemen on duty and preventing them from maintaining the law and order in the area. The offences under Sections 332 and 352 of the I.P.C. would indicate that they had deterred the public servants from carrying out their duty. It is a hard time for the policemen to maintain law and order during these pandemic times and ignoring all that, the applicants had arranged persons to assemble to challenge the police officers on duty. Under the circumstances, they are not entitled to a pre-arrest bail in this crime. They are directed to surrender before the investigating officer within two weeks. In the event of their being arrested, after interrogation and recovery, if any, they shall be produced before the jurisdictional court, where they are at liberty to apply for regular bail, which shall be considered and disposed of preferably on the very same day. Sd/- ASHOK MENON dkr JUDGE