SAJEER S Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition for pre-arrest bail.

(2.) Petitioner is the 5th accused in Crime No. 494/2018 of Palakkad Town South Police Station, Palakkad registered for the offences punishable under Sections 143, 145, 147, 153A, 353, 332, 283 read with Section 149 of Indian Penal Code and Sections 3 and 4 read with Section 6 of the Kerala Public Ways (Restriction of Assemblies and Procession) Act, 2011.

(3.) The prosecution allegation is as follows: On 16.4.2018 at about 11 a.m., the petitioner/Accused No.5 along with 165 persons formed themselves into an unlawful assembly and conducted procession in the public road pursuant to a fake message in the social media calling for a Hartal as a protest against the death of a child in Kathua in Kashmir. The accused persons have blocked the road and caused obstruction to the traffic in the public way and they have also shouted slogan with the intention to create disharmony among people of different religion. They also obstructed the police personnel from discharging their official duties and thrashed them with the intent to deter from performing their duty and thereby committed the aforesaid offences.