P. C. GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Sri. P. Vijayabhanu, Senior Advocate instructed by Sri. Geo Paul for the petitioner and Sri. T.A. Shaji, Senior Advocate and Director General of Prosecution instructed by Sri. P. Narayanan, learned Additional Public Prosecutor and Senior Government Pleader appearing for the State.

(2.) The learned Senior Counsel appearing for the petitioner would submit that by taking bits and pieces of a speech allegedly made by the petitioner at a function in a temple, the petitioner has been accused of having committed offences under Ss. 153A and 295A of the Indian Penal Code. It is submitted that both these offences are punishable with imprisonment which may extend to 3 years or with a fine. It is submitted that the petitioner was a member of the Kerala Legislative Assembly for nearly 33 years, he is not likely to flee from justice. It is submitted that the custody of the petitioner is not required by the prosecution for an investigation into a crime registered alleging commission of the aforesaid offences. It is submitted that the petitioner is a 72-year-old man suffering from various age-related illnesses and he will be put under great prejudice if he is taken into custody.

(3.) The learned Director General of Prosecution vehemently opposes the grant of any interim relief to the petitioner. Primarily it is pointed out that in respect of another case registered against the petitioner for identical offences (Crime No.677/2022 of Fort Police Station, Thiruvananthapuram) the Judicial First Class Magistrate Court-XII, Thiruvananthapuram had granted bail to the petitioner specifically through order in CMP No.340/2022 on the following condition (amongst others) :-