Allowed

Asif Yousafali v. State of Kerala

Kerala HC17 Nov 2020Bail Appl./5892/2020

Case brief

AI extract

What is this about?

High Court allowed anticipatory bail to the applicant accused under Sections 153, 505(2) IPC. Court held mere incitement of one community without reference to another may not attract Section 505 IPC. Directed surrender within two weeks and grant bail on arrest if applicable.

What did the court decide?

Applicant not to be incarcerated; directed to surrender within two weeks; bail on arrest with bond for Rs.1,00,000 and two sureties.

Asif Yousafali Vs State of Kerala — Caste Atrocities | Kerala HC (2020)

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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 ASHOK MENON

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TUESDAY, THE 17TH DAY OF NOVEMBER 2020 / 26TH KARTHIKA, 1942

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Bail Appl..No.5892 OF 2020

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CRIME NO.959/2020 OF Town North Police Station, Palakkad

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PETITIONER/S:

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ASIF YOUSAFALI AGED 20 YEARS SON OF ABOOBACKER, KONGASSERI HOUSE, VALLAPUZHA P.O, PALAKKAD. 679336

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BY ADV. SRI.E.A.HARIS

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RESPONDENT/S:

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STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031

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R1 BY PUBLIC PROSECUTOR SRI.SANTHOSH PETER SR PP

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No.5892 OF 2020

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ORDER

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Dated this the 17th day of November 2020

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This is an application filed under Section 438 of Cr.P.C seeking anticipatory bail.

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The applicant is the 3rd accused in Crime

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No.959/2020 of Town North Police Station, Palakkad, for having allegedly committed offences punishable under Sections 153, 505(2) of the IPC

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and Sections 117(e), 120(o) of the Kerala Police Act.

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The prosecution case, in brief, is that

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being supporters of a particular political faction, the applicant had on 26.08.2020, along

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with some other accused, circulated some writings and also uploaded a post on his Facebook page

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inciting the Muslim youth to go against the

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Government for the reason that they have been subjected to police atrocities and tortures, solely for the reason that they belong to that

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Bail Appl..No.5892 OF 2020

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community. Thus, the applicant and the other

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accused are guilty of promoting enmity between two groups in the name of religion and thus committed the aforesaid offence.

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The applicant states that the allegations

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are not true and even if going by the post on his

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Facebook page, it cannot be said that he was promoting enmity between two groups or two

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religions. His post was specifically directed towards the police atrocities committed against the youth. Therefore it was directed against the

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police atrocities and not against any community in particular.

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In Bilal Ahmed Kaloo v.State of AP(1997)(7

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SCC 431) , certain posters and publications were

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allegedly made by the accused therein against the Indian army, who had allegedly tortured Muslim

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Youths in the State of Jammu And Kashmir. The

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Hon’ble Apex Court has specified that merely

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Bail Appl..No.5892 OF 2020

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inciting the feeling of one community or group without any reference to any other community or group cannot attract either of the two provisions of Section 153A nor Section 505 IPC.

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Under the circumstances, I find that the

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incorporation of the only non-bailable offence against the applicant in this crime under Section 505(2) of the IPC is questionable and requires the court below to consider it in great details appreciating the materials that are collected during the investigation.

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The applicant is definitely not to be

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incarcerated. He is, therefore, directed to

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surrender before the investigating officer within two weeks. In the event of his being arrested, after interrogation, he shall be released on bail on the execution of a bond for Rs.1,00,000/(Rupees One lakh only) with two solvent sureties for the like amount each to the satisfaction of

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Bail Appl..No.5892 OF 2020

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the investigating officer and on the following conditions;

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1.He shall not tamper with evidence, influence

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or intimidate witnesses.

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2.He shall appear before the investigating officer as and when called for.

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3.He shall not get involved in similar offences during the bail period.

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In the event of violating the bail conditions, the prosecution shall be at liberty to apply for cancellation of bail before the jurisdictional

court.

Sd/-

ASHOK MENON

JUDGE

SPK

Asif Yousafali v. State of Kerala

Case brief

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Asif Yousafali v. State of Kerala

Case brief

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