SHIBU K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused in Crime No.728/2019 of Chavakkad Police Station for having allegedly committed offences punishable under Sections 143, 145, 147, 148, 353 and 332 read with Section 149 IPC. The specific allegation is that the petitioners had conducted a rally protesting the investigation of the death of one Punna Naushad, a Congress leader, allegedly by the fundamentalist called SDPI.

(2.) According to the prosecution, the rally and the protest turned violent which had to be quelled. The police applied force and in the melee some of the policemen were attacked with iron rods as a result of which they sustained BA 8790/2019 injuries. The learned Public Prosecutor has produced two wound certificates which indicate that two of the policemen had sustained contusions measuring 2x2 cms and 4x2 cms, respectively. The policemen definitely did not sustain any serious or grievous injury. The petitioners have produced documents to show that eight of them had sustained injuries, some of them very serious, including fractures due to granite attack. The allegation of the prosecution is that force was used to disperse the violent mob. However, the policemen did not sustain any serious injuries and the indication is that the petitioners were conducting a political protest. There is no apprehension that they would not be available for interrogation or that they will not co-operate with the investigation. They are all persons known to the BA 8790/2019 police. It is submitted that they will co- operate with the investigation of the case. Under the circumstances, I do not find that custodial interrogation of the petitioners is necessary in this case. There is also nothing to be recovered from them.

(3.) In the result, the Bail Application is allowed and it is directed that in the event of the petitioners being arrested, they shall be released on bail on their executing bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties, each for the like amount to the satisfaction of the investigating officer and on the following conditions: