SAJI ER Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE bail applications are filed by E. R. Saji alias Aayi Saji under S. 438 of the Code of Criminal Procedure seeking anticipatory bail in eight crimes registered in Pala Police Station.

(2.) THE details of the crime numbers and the offences alleged against the petitioner are shown below: Sl. Number of the Crime Rank of Offences alleged No. bail Application number the petitioner 1 4027 of 2009 312 of 2009 1st accused 143, 147, 148,149, 294 (b), 427, 452, 506 (ii) 2 4028 of 2009 346 of 2008 1st accused 120b, 395 3 4035 of 2009 308 of 2009 1st accused 143,147,148,294 (b), 427, 452 read with 149 4 4037 of 2009 311 of 2009 1st accused 143,147,148,149, 294 (b), 429, 452, 506 (ii) 5 4040 of 2009 374 of 2009 2nd accused 457, 380 read with S. 34 6 4041 of 2009 373 of 2009 2nd accused 457, 380 read with S. 34 7 4042 of 2009 371 of 2009 2nd accused 457, 380 read with S. 34 8 4046 of 2009 372 of 2009 2nd accused 457, 380 read with S. 34

(3.) THE learned counsel for the petitioner submitted the following: The above cases are foisted against the petitioner. The petitioner is a paraplegic. He cannot move about. He is confined to bed. In 2003, the petitioner was brutally manhandled by the police and he sustained grave injuries resulting in paralysis. Some goondas tried to do away with the petitioner by forcibly entering into the house armed with deadly weapons and acid. They ransacked the house. The petitioner was not available in the house and thus he escaped. The mother of the petitioner complained to the police about the incident. But no crime was registered. Therefore, she filed a petition to the Superintendent of Police, Kottayam. The police did not like the same. They started registering a series of crimes implicating the petitioner whenever an offence was committed by somebody. The acts of the police amount to "violation of laws, a perpetual salvation of human rights and a manifest oppression of the fundamental rights guaranteed by the Constitution of India. "