MOLY PETER Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners challenge the final report in Crime No.743/2023 of Melukkavu Police Station which is now pending as C.C. No.445 of 2023 on the files of the Judicial First Class Magistrate's Court-I, Erattupetta.

(2.) Prosecution alleges that on 31/7/2023, the accused had, after forming themselves into an unlawful assembly and in order to protest against the illegal registration of crime against the leaders of the Congress political party, led a procession through the Thodupuzha-Erattupetta public road, shouting slogans against the police and the Government, creating disturbance and obstruction to the public and to the movement of vehicles and also caused disruption to traffic by proceeding through the public road without any permission and thereby committed the offences under Sec. 142, 143 and 283 read with Sec. 149 of the Indian Penal Code, 1860, apart from Sec. 6 of the Kerala Public Ways (Restriction of Assemblies and Procession) Act, 2011 (for short 'the Public Ways Act').

(3.) Sri. Joy George, the learned counsel for the petitioners contended that the offences alleged against the petitioners are not made out and that they have been falsely roped in as an accused. It was also submitted that the prosecution allegation itself refers to the protest being against false registration of crimes against the leaders of the Congress party and the present crime is another such instance. According to the learned counsel, even if the trial proceeds against the petitioners, there is no chance of any conviction as there are no independent occurrence witnesses and the investigation was conducted by the same officer who registered the crime. It was further alleged that the offence under Sec. 6 of the Public Ways Act will not be attracted and it has been incorporated vexatiously. It was also urged that the right to take out a procession is a fundamental right and the same cannot be curtailed by initiating criminal action.