BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These applications are preferred by accused nos.2 and 1 respectively in Crime No.130/2024 of the Vythiri Police Station, Wayanad, seeking pre-arrest bail.

(2.) The prosecution would allege that, on 22/3/2024 at 17.00 hours, a conversation was seen aired in Youtube with a title 'Jamitha Teacher Talks', the contents of which creates disharmony and feelings of enmity between religious groups and which suggests that the death of one Sidharth at the Veterinary University, Wayanad, was for dancing with a Muslim girl. The speaker also warns of a situation, as to what would have happened, if the boy who was put to death was a Muslim and the crime was perpetrated by members of another community. The accused persons, by their above conduct, have committed the offence under Sec. 153 A of the Penal Code, according to the prosecution.

(3.) When this matter was taken up for consideration today, the learned Senior Public Prosecutor would submit that the respondents have no objection in granting pre-arrest bail to the petitioners, subject to their right ' as envisaged in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another [(2020) 5 SCC 1] - to effect recovery by employing the concept of deemed custody. Learned Senior Public Prosecutor invited the attention of this Court to paragraph no. 85.7 and also to 92.8 of the judgment in Sushila Aggarwal(supra), in support of the above submission that grant of pre-arrest bail shall not stand in the way of the Investigating Officer to effect recovery in terms of Sec. 27 of the Evidence Act, by deeming the petitioner is to be in limited custody for that purpose.