Dismissed

Ismail v. State of Kerala

Kerala HC24 Mar 2009Bail Appl./539/2009

Case brief

AI extract

What is this about?

The Court dismissed three regular bail applications filed by accused persons charged with terrorist offences. Considering the involvement of a terrorist outfit, the use of lethal weapons, and the severity of the conspiracy, the Court held it was too early to grant bail pending the trial outcome.

What did the court decide?

Bail applications in B.A. Nos. 539, 1142 and 1209 of 2009 were dismissed; bail is not to be granted before the outcome of the trial.

Ismail Vs State of Kerala — Bail and Remand | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931

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Bail Appl..No. 539 of 2009() ---------------------------CRIME NO. 31 OF 2008 OF THRIKKAKKARA POLICE STATION ....................

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PETITIONER/ACCUSED -------------------ISMAYIL, S/O. ALIYAR, NELLIKKATHUKUZHY, POOKKATTUPADY, ALUVA.

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BY ADV. SRI.S.RAJEEV

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RESPONDENT(S): ---------------

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 31 OF 2009 OF THRIKKAKARA POLICE STATION)

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PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR

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THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/03/2009, ALONG WITH BA NO. 1142 OF 2009 BA NO. 1209 OF 2009 THE COURT ON 24/03/2009 PASSED THE FOLLOWING:

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V. RAMKUMAR, J.

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*** * * * * * * * * * * * * * * * * * B.A. Nos. 539, 1142 and 1209 of 2009 * * * * * * * * * * * * * * * * * * Dated: 24-03-2009**

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COMMON ORDER

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One Prasanth Kumar, aged 29 years, hailing from Thrikkakara North Village, one Ismail @ Bomb, aged 31 years and hailing from Pookattupadi Kara and one Ali aged 54 years, hailing from Rayonpuram in Perumbavoor Village are the applicants in these applications for regular bail filed under Sec. 439 Cr.P.C. The petitioners are respectively A13, A14 and A15 in Crime No. 31 of 2008 of Thrikkakara Police Station for offences punishable under Sections 143, 147, 148, 324, 307 and 120 B read with Sec. 149 I.P.C. and Sections 3 and 4 of the Explosive Substances Act, 1908. A13, A14 and A15 were arrested on 14-12-2008, 17-1-2009 and 17-1-2009 respectively.

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I heard the learned counsel appearing for the petitioners and the learned Public Prosecutor. The learned Public Prosecutor opposed the applications and made available to me the case diary files pertaining to the case. The final report in this case has already been filed before the J.F.C.M. I, Aluva. I perused the case diary files.

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B.A. Nos. 539, 1142 and 1209 of 2009

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There are altogether 15 accused in this case. Charge witness No. 2 (Abdul Rahim @ K.M.R. Guru) aged 63 years is the head of a spiritual organisation started in the year 1987 and established at Pookkadasseri as Spiritual Palace, near the Ayarkunnam Panchayath Office in Kottayam District within the limits of the Manarkad Police Station. The said spiritual movement condemns and denounces terrorism in any form. It seeks to assert and propagate the slogan that the God Almighty has no religion. Certain Muslim fundamentalists were opposed to the above spiritual movement which was a hindrance to their anti national activities. Some of them had unsuccessfully attempted to ruin the organisation by sending spies masquerading as disciples of K.M.R. Guru. The accused were against the above movement as well as the said Abdul Rahim @ K.M.R. Guru who was living under fear of the fanatic terrorists. Earlier attempts to do away with Guru were foiled by the faithful devotees of Guru. The accused, 15 in number therefore, hatched a criminal conspiracy at various places like the Mosques at Perumbavoor town, Parappuram and Pookkattupadi to somehow or other entice the said Abdul Rahim @ Guru to come

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B.A. Nos. 539, 1142 and 1209 of 2009 -:3:-

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out of Spiritual Palace and assassinate him. Accordingly, A6 (Abdul Rahim) aged 29 years, hailing from Alungal Beach in Malappuram District and introducing himself as Abdulla of Meenchanda in Kozhikode secured entry into Spiritual Palace under the pretext of becoming a disciple of K.M.R. Guru. After winning the confidence of K.M.R. Guru, A6 made him believe that he would help to dispose of the scrap electrical appliances worth more than Rs. 1,00,00,000/- which were earlier purchased in auction and that A6 was having contacts with scrap merchants of Bangalore and Hyderabad who were carrying on business on a large scale. Pursuant to the ploy hatched by them, A1 to A15 formed themselves into an unlawful assembly and they secretly met in the mosque at Pookkattupadi at 1 p.m. on 10-1-2008. Deadly weapons like swords, axe and bombs brought by A10 (Firoz aged 28 years of Thrikkakara North Village) and A13 (Prasanth Kumar) in a Tempo Traveller bearing registration No. KL.7/N 117 driven by A13 were placed by A11 (Hashif @ Ashik – aged 29 years of Vazhakkala Village) in a silver coloured Scorpio Car. A1, (Nazeer @ Usthad, aged 32 years and hailing from Kannur), A3 (Manaf, aged 23 years

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B.A. Nos. 539, 1142 and 1209 of 2009 -:4:-

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and hailing from Koothuparamba), A4 (Raisal, whose particulars are still unknown), A6 (Abdul Rahim, aged 29 years of Malappuram), A7 (Muhammed Fiaz, aged 23 years of Kannur), A8 (Fayiz, aged 26 years, Thazhe Chovva, Kannur) and A13 (Prasanth Kumar) started in the Silver coloured Scorpio Car driven by A9 (Sherafuddin, aged 2 years, of Aluva). A2 (Anzeer @ Anaz, aged 24 years of Nedumthodu) and A5 Shafeeq aged 25 years, of Kannur) started on a motor cycle driven by A5. A10 (Firoz, aged 28 years, of Thrikkakara North Village) and A11 (Hashif @ Ashik) started on another Motor Cyle (KL 7/Z 1022) driven by A11. After reaching the Info Park at Kakkanad, A1 called charge witness No. 1 (Kunhumuhammed, aged 57 years) of Spiritual Palace through mobile phone and informed him that a businessman by name Biju P. Nair of Delhi was ready to purchase the electrical appliances and requested CW1 and Guru to come over to Godrej Company near the Info park at KakkanadIdachitra. Accordingly, K.M.R. Guru, accompanied by CW1, CW3 (Anshad @ Kochumon) and CW4 (Vimal Babu @ Vimal), proceeded to Idachira in the Scoda Car belonging to Guru and driven by CW3. When they reached the Idachira Bridge, A5 on

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B.A. Nos. 539, 1142 and 1209 of 2009

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his motor cycle volunteered to show them the way. The Guru and his disciples were taken to the compund of a building under construction and situated near an I.T. building by name “Thejomayi” on the Idachira-Brahmapuram Info Park Road at about 3.50 P.M. on 10-1-2008. A2, A3 and A4 were standing at the entrance to the said compound. Guru and Cws 3 and 4 got out of the Car. When A4 shook hands with the Guru, A2 suddenly took out an axe from the shoulder bag of A3 and gave a cut on the neck of Guru. Since Guru instinctively warded off the blow, his left arm sustained an incised injury. Seeing this, when CW1 intervened, he was also cut on the left eye brow and below the left eye with the axe. CW1 also sustained a contusion on the right side of his face with the handle of the axe. When the Guru attempted to escape from there, A1, A7 and A8 came out from the Scorpio Car parked nearby and wrongfully restrained the Guru. A2 and A7 pushed the Guru to the ground. A8 and A3 held both the hands and head of recumbent Guru. A7 took the axe and cut the Guru on the right side of his neck and inflicted a deadly wound. When CWs 1, 3 and 4 came to the rescue of the Guru, A1, A6 and A9 took out the lethal bombs from the Scorpio

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B.A. Nos. 539, 1142 and 1209 of 2009 -:6:-

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Car and and blasted them at the Guru and others. Thinking that the Guru was dead, the assailants made good their escape in the Scorpio car and the two motor cycles. A6, A7 and A8 were subsequently killed in an encounter at Kashmir.

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It is too early to accept the petitioners' contention that the occurrence is the culmination of the wrath of certain progressive Muslims who were fed up with the atrocities committed by the Guru under the cover of the Ashram run by him. The statements of the witnesses, the call details decoded from the mobile phones and the various circumstances revealed by the case diary unravels the criminal conspiracy secretly hatched to annihilate Abdul Rahim @ K.M.R. Guru and the partly successful operation. A15 was a former disciple of Guru who had expelled him for the various crimes committed by him. The Guru had expelled certain other fundamentalists also for an earlier attempt on his life. The investigation files, prima facie reveal the handy work of a terrorist out-fit of which the accused persons are important links. Terrorism in the most horrendous form is showing its ugly face in various parts of our nation vitally threatening the stability of the country. I am not inclined to

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B.A. Nos. 539, 1142 and 1209 of 2009 -:7:-

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grant bail to any of the petitioners before the outcome of the trial. These petitions are accordingly dismissed.

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Cases coming before this Court show that lethal weapons like swords, country bombs etc. are increasingly and heartlessly used against fellow brethren. Who manufactures these deadly weapons and who are stocking them ? The revengeful man gets his adversary silenced by engaging professional hirelings for the purpose. Many unemployed youth have taken up the job of killing and maiming human beings for reward and on quotation basis. Women are afraid of walking even along busy highways and public streets because it is there that erotic adventurers and chain snatchers operate with impunity. Highway robbery is also on the increase. The police have become a fearful and dreaded force whom the common man shudders to beseech for help. The law and order in the State are in shambles and this is least felt in the corridors of power where the current sport is electioneering. Even in the case on hand, the constituency of the Home Minister had contributed a handful of hardcore criminals to execute the operation plotted by the main accused persons. In an appropriate case this Court will be constrained to

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B.A. Nos. 539, 1142 and 1209 of 2009

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call for details such as the investigations so far conducted to unearth the source of manufacture and supply of deadly weapons in various parts of the State, the persons or organizations who are stocking the same, persons who engage professionals, persons who offer services as hirelings in the various cases and the steps, if any, taken so far to curb these activities.

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Dated this the 24^th day of March, 2009.

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V. RAMKUMAR, (JUDGE)

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ani.

Ismail v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ismail v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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