KAMARUDHEEN Vs. S H O MUVATTUPUZHA POLICE STATION

JUDGEMENT

(1.) The Petitioners in these four bail applications seeking regular bail under Section 439 Code of Criminal Procedure are some of the accused persons in Crime No. 704 of 2010 of Muvattupuzha Police Station for offences punishable under Sections 143, 147, 148, 120B, 323, 324, 326, 341, 427, 506 Part-II, 307, 153(A), 201, 202 and 212 read with Section 149 IPC, Section 3 of the Explosives Substances Act, 1908 and Section 15 read with Sections 16 and 18, 18(B), 19 and 20 of the Unlawful Activities (Prevention) Act, 1967.

(2.) The occurrence in which a Professor of Newman College, Thodupuzha by name T.J. Joseph, his sister and mother were assaulted and the right palm of the said Professor was chopped off, took place at about 8 a.m. on 4-7-2010 which was a Sunday. According to the prosecution, pursuant to the criminal conspiracy hatched by the leaders and activists of the Popular Front of India (PFI for short) and its political wing called Social Democratic Party of India (SDPI for short), seven identifiable persons formed themselves into an unlawful assembly armed with deadly weapons like hatchet, chopper, explosives etc. and came in a Maruti Omni Van affixing a false registration No. KL-07/AD 7201 (which was later identified as KL-07/AH 8768) and intercepted the Wagon R car bearing registration No. KL-17/E1795 in which the Professor along with his sister Sr. Stella (who is a nun) and his mother Elikutty were returning home after attending the Sunday holy mass at Nirmala Matha Church. The above car was obstructed on the road leading to the Professor's house near Nirmala Public Senior Secondary School, at Hostelppady, Muvattupuzha. The 7 accused persons who were waiting near the Nirmala H.S.S. at 8.05 am. on 4-7-2010 suddenly got down from the Omni Van and smashed the window panes and side panes of the Professor's Car and pulled the Professor out of the car and dragged him on to the road. One of the accused with the assistance of the Ors. repeatedly inflicted cuts on the right palm of the Professor with the hatchet resulting in amputation of the right palm of the Professor. Several cut injuries were inflicted on various parts of the body of the Professor with a view to cause his death. Sr. Stella who was in the car along with the Professor was also manhandled and restrained from rescuing her brother. 81 year old Elikutty, the mother of the Professor, was also not spared by the assailants. Salomi (de facto complainant) and Midhun the wife and son of the Professor who rushed to the scene seeing the incident were threatened and intimidated by the assailants who threw explosive substances causing explosion and smoke. Midhun who attempted to rescue his father was lifted and thrown down into a nearby compound lying at a lower level of 4.10 meters and the boy also sustained injuries. When hearing the sound of explosion and the hue and cry the local people started rushing, the assailants escaped from the scene in the Maruti Omni Van after throwing the severed palm of the Professor into the nearby compound. The motive for the assault is stated to be the incorporation by the Professor of a question ridiculing Prophet Mohammed and the Islam religion in the question paper set for the internal examination in Malayalam for the B. Com in the said College.

(3.) The Petitioners in B.A. No. 4826/2010 are accused Nos. 1 1 to 13 who were arrested on 21-7-2010. The Petitioner in B.A. No. 4881/2010 is the 7th accused who was arrested on 9-7-2010. The Petitioner in B.A.No.5080/2010 is the 10th accused who was arrested on 21-7-2010. The Petitioners in B.A. No. 5192/2010 are accused Nos. 15 and 16 who were arrested on 23-7-2010 and 24-7-2010 respectively.