KUNNATHU MUHAMMED AND OTHERS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking anticipatory bail. Petitioners have filed this application based on their apprehension of being arrested by the Perinthalmanna Police in Crime No.100/2018 registered on the basis of an incident allegedly occurred on 23.01.2018 at 18.35hrs.

(2.) The allegation of the prosecution was that on 23.01.2018 at 18.35hrs. accused 1 to 700, formed themselves into an unlawful assembly, committed riot and unleashed violence in the locality in connection with a Hartal organised by the UDF on the day. It is further alleged that in violation of the orders of the Police, the accused pelted stones against the Police and beaten them with wooden sticks and wooden spinsters and accordingly, restrained them from discharging their official duties. Based on the allegations, the crime in question was registered incorporating the offences punishable under Sections 143, 147, 148, 353, 332 and 294(b) read with 149 IPC.

(3.) It is submitted by Sri. C. Rajendran, the learned counsel for the petitioner that the petitioners have no involvement in the alleged acts and were falsely implicated in the crime. Inviting the attention to the allegations, the learned counsel submitted that only 20 persons were stated by the de facto complainant as identified and the remaining people, as identifiable at sight. According to him, the names of these persons do not find a place in the FIR and they were incorporated solely on the reason of holding responsible posts in the political party to which they belong. Raising contentions as above, the learned counsel urged this Court to exercise the discretion in the matter of granting pre-arrest bail to the petitioner.