HARIKUMAR Vs. THE STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused Nos. 18 and 17 respectively in Crime No.262/2018 of Pampa Police station for offences punishable under sections143,147, 148,188,332, 333,353,283,427 read with section 149 IPC and also under section 3(2)(e) of the Prevention of Destruction of Public Properties Act.

(2.) According to the prosecution, on 17/10/2016, between 3.15p.m and 4 p.m., the petitioners herein along with about thousand persons formed into an unlawful assembly, in protest against the entry of women to the Sabarimala Temple, pursuant to the directions of the Hon'ble Supreme Court, resorted to rioting and assaulted the police personnel and destructed several vehicles of the police, KSRTC and others and, thereby caused loss of Rs.13,26,500/-. Pursuant to the registration of the crime, the petitioners were arrested on 25/10/2018 and are in judicial custody.

(3.) Petitioners claim that they are devotees of Lord Ayyappa and had gone to Sabarimala for darshan. Peaceful protests by devotees were going on through out Sabarimala at Nilakkal, Pampa and the ancient route to Sabarimala. However, certain violent activities took place at Nilakkal and at few other places. Petitioners did not participate in any criminal activities. However, alleging that they were involved in the violent acts resulting in damage to public property, petitioners were arrested. They are in custody from that day onwards. They seek bail.