ANSAR NAJEEB Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these three bail applications are 31 out of 33 accused arrayed in Crime No.425/2022 of Alappuzha South Police Station. All the petitioners seek regular bail under Sec. 439 of the Code of Criminal Procedure, 1973. The crime is registered for offences under Ss. 143, 147, 153A, 295A, 505(1)(b), (c) and 506 r/w 149 of the Indian Penal Code, 1860, apart Ss. 75 and 83 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 120(o) of the Kerala Police Act, 2011.

(2.) Petitioners in BA.No.4881/2022, are accused No. 1 and 33 in the above mentioned crime. Petitioners in BA. No.4899/2022, are accused Nos.5 and 8 to 27, while the petitioners in BA.No.4974/2022, are accused Nos.3, 6, 7 and 28 to 32 in the above crime.

(3.) All these petitioners are alleged to have, in prosecution of their common object to destroy the communal harmony formed themselves into an unlawful assembly and committed rioting during the conduct of a rally at Alappuzha raising provocative slogans, inciting feelings of disharmony, enmity and hatred between different religions causing prejudice to the maintenance of religious harmony thereby committing the offences alleged against them. The prosecution further alleges that the first accused who is the President of the organisation called Popular Front of India had, along with the 3rd accused, caused a minor boy to shout provocative slogans while he was sitting on the shoulder of the 3rd accused while other accused repeated the slogans, thereby causing injury to communal harmony.