The High Court of Kerala dismissed an application for anticipatory bail under Section 438 Cr.P.C. filed by activists accused of assaulting police and destroying public property during a violent protest. The court held the case was not fit for bail.
The bail application filed under Section 438 Cr.P.C. was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 20TH DAY OF MARCH 2017/29TH PHALGUNA, 1938
Bail Appl..No. 1237 of 2017 ()
------------------------------CRIME NO. 137/2017 OF KASABA POLICE STATION,PALAKKAD DISTRICT
PETITIONER(S)/ACCUSED NO. 2, 8 & 9:
1. SUDHEER.K., AGED 44 YEARS, S/O. MANIKEN NAIR, KALATHIL HOUSE, KOZHIPARAMBA, VADAKANTHARA, PALAKKAD.
2. GIRISH G.,
3. RAJENDRAN,
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.D.FEROZE
RESPONDENT(S)/STATE/COMPLAINANT:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031, (CRIME NO. 137/2017 OF KASABA POLICE STATION, PALAKKAD DISTRICT).
2. STATION HOUSE OFFICER, KASABA POLICE STATION, PALAKKAD ISTRICT - 678 001 (CRIME NO. 137/2017 OF KASABA POLICE STATION, PALAKKAD DISTRICT)
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
K.ABRAHAM MATHEW, J.
B.A.No.1237 of 2017
Dated this the 20th day of March, 2017
O R D E R
Petition filed under Section 438 Cr.P.C.
2
B.A.No.1237 of 2017
in the agitation. The case diary clearly reveals the involvement of the petitioners and the assault made on the police officers. The agitators destroyed public properties. The case diary reveals no room for doubt that the agitation turned violent. The agitators including the petitioners assaulted the police officers who tried to maintain free flow of traffic along the National Highway and attacked the police officers, some of whom sustained injuries. Every citizen has a right to engage in political activities and protest against the policies of the government. But it should be peaceful. Destruction of public property even in the name of the national interest is an anti-social activity. Whether it is as part of political activity or otherwise destruction of public property cannot be viewed lightly. This is not a fit case to grant anticipatory bail.
In the result, this application is dismissed.
Sd/-
K.ABRAHAM MATHEW JUDGE
sd
// True Copy // P.A. to Judge
1 issue framed by the court
Whether anticipatory bail is maintainable for activists accused of violent protests involving assault on police and destruction of public property.
3 provisions across 3 enactments
Sudheer.K.
Girish G.
Rajendran
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
