P.RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The applicants herein are the accused Nos.1 to 10 in Crime No.1580 of 2019 of the Ernakulam Central Police Station. The aforesaid Crime has been registered under Sections 143 , 145 , 147 , 148 , 283 , 332 and 333 r/w. Section 149 of the IPC and Section 3(1) of the Prevention of Damage to Public Property Act.

(3.) The 1st applicant is the District Secretary of the CPI, a leading political party, and the 2nd applicant is the MLA of the Muvattupuzha Constituency. The rest of the accused are workers of the said party. It appears that on a previous occasion, the 1 st applicant was pestered by members of a rival political party. Though he requested for police assistance, the same was allegedly not provided to him by the Circle Inspector of Police, Vypin. Seeking initiation of action against the Circle Inspector, the applicants and their followers decided to take out a march to the DIG's office situated at Marine Drive. The prosecution records reveal that on 23.07.2019 at about 11.00 a.m., about 800 persons led by the applicants without obtaining previous permission under the Kerala Public Ways (Restriction of Assemblies and Processions) Act, 2011, assembled in the public road and obstructed the free movement of traffic. Speeches were rendered blocking the public way causing inconvenience to the ordinary public. In order to prevent any untoward incident from occurring, barricades were placed by the police. From the records, it appears that the march turned violent and the workers of the party, who were armed with sticks and stones, vented their ire at the police personnel, who were there to maintain law and order. The barricades were overturned and the police officers were assaulted. Damages were caused to the police vehicles as well. Left with no alternative, police used force to disperse the violent party workers. The case diary shows that the Sub Inspector of Police, Central Police Station, the Assistant Commissioner of Police, Ernakulam, and scores of police officers suffered injuries. Some of them suffered fracture as well. The workers of the party went on a rampage and caused extensive damage and destruction to public property.