ASWATH RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 3rd accused in Crime No.262/2018 of Pamba Police station for offences punishable under Sections 143, 144, 145, 147, 148, 188, 332, 333, 353, 283, 427 read with section 149 IPC and Section 3(2)(e) of the Prevention of Destruction of Public Properties Act 1984.

(2.) According to the prosecution, on 17/10/2018, between 3.15 p.m and 4 p.m., the petitioner 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 petitioner was arrested on 23/10/2018 and is in judicial custody.

(3.) Petitioner claims that he is a devotee of Lord Ayyappa and had gone to Sabarimala for darshan. Peaceful protests by devotees were going on through out Sabarimala at Nilakkal, Pamba and the ancient route to Sabarimala. However, certain violent activities took place at Nilakkal and at few other places. Petitioner did not participate in any criminal activities. However, alleging that he was involved in the violent acts resulting in damage to public property, petitioner was arrested. He is in custody from that day onwards. He seeks bail.