THWAHA FASAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellants are the accused in Patheerankavu Police Station Crime No.507 of 2019 registered under Sections 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (in short, "UA(P) Act").

(2.) Gist of the prosecution allegations is thus: On 01.11.2019 Sub Inspector of Police, Pantheerankavu Police Station along with his party started patrolling duty at 17.00 hours. At about 18.45 hours, while passing through Perumanna - Parammal road, they reached near Medi Care Laboratory, adjacent to Parammal football turf. They found three persons suspiciously standing on a dark shop varandha. Defacto complainant found them clearly on flashing a torch light. On seeing the police party, one person took to his heels and could not be apprehended. Police officers restrained the other two persons, who identified themselves by revealing their names and addresses. Defacto complainant noticed that the accused persons were in a perplexed state and they did not properly account for their presence at the place. 1 st accused was possessing a shoulder bag. When the bag was searched, the defacto complainant found certain booklets and pamphlets/leaflets indicating their association with Communist Party of India (Maoist), undisputedly a banned terrorist organisation figuring in the first schedule to the UA(P) Act. At 19.00 hours, the accused were arrested and the objectionable materials along with a motor bike were seized. At 19.30 hours, the crime was registered as above.

(3.) Seizure mahazar prepared on 01.11.2019 shows the details of the reading materials recovered from the possession of the 1st accused. The appellants moved for bail before the Sessions Judge, Kozhikode. Their bail application was dismissed by the learned Sessions Judge finding prima facie that there are materials against the appellants to proceed with an investigation under Section 38 of the UA(P) Act. Learned Sessions Judge found that it is not fit to release the appellants on bail at that stage of the investigation. Feeling aggrieved, the appellants preferred these appeals.