VISHNU SP Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a case in relation to Crime No.16/2018 of Sannidhanam Police Station. The learned Public Prosecutor would point out that now the said case has been transferred to the Pamba Police Station, wherein it has been re-registered as Crime No.13/2019. The petitioner herein has been arrayed as accused No.20 in the abovesaid crime, registered for offences punishable under Secs.143, 144, 147, 149, 341, 354, 308 & 188 of the Indian Penal Code.

(2.) A Five Judge Constitution Bench of the Apex Court in the judgment dated 28.9.2018 of the celebrated case in Indian Young Lawyers Association & Ors. v. State of Kerala & Ors ., [2018 (4) KLT 373 (SC)= (2018) KHC 6760] has struck down Rule 5, Rule 3(b) of the Kerala Hindu Places of Public Worship Authorisation of Entry) Rules, 1965 and declared that the restriction of the entry of Hindu women between the age group of 10 to 50 years, is in violation of their fundamental right to practise religion. According to the prosecution, to attain their political objectives, the political party to whom the applicant owes allegiance, has taken a decision to obstruct the women in the above age group who were thronging to Sabarimala to pay their respects to deity pursuant to the abovesaid declaration made by the Apex Court. It is the further case of the prosecution that large number of party workers and followers were allegedly deployed and they were planted in sensitive positions in and around the temple and in its vicinity to prevent the enforcement of the order of the Apex Court, by the State authorities and that they have allegedly taken law into their hands and had started threatening the manhandling the women and their family members. The District Magistrate/District Collector, Pathanamthitta, had issued orders under Sec.144 of the Cr.P.C. to quell the violence and prevents the assembly of hooligans and vigilantes, who have determined to disturb the tranquility of the temple. Against the said direction of the District Magistrate issued under Sec.144 of the Cr.P.C . at Nilakkal, Eluvankal and Sannidhanam, accused 13 to 16 had conspired together to commit violence at Sabarimala and as per the instructions and knowledge accused 1 to 12 and other identifiable persons among, a group of 150 persons in prosecution of their common object had formed themselves into an unlawful assembly knowing that all of them themselves into an unlawful assembly knowing that all of them are members of such assembly with the intent to commit to riot on 06.11.2018 at 7 p.m. at Sannidhanam. That in that process, they had wrongfully restrained the defacto complainant and the elder sister of her mother, named Lalitha. The further case of the prosecution is that thereafter, they had caught hold of the scalp hair of Lalitha and had outraged her modesty and on seeing it, the defacto complainant resisted them, at which time one among the accused had twice hit him causing injury on his lip and contusion on his nose. That while so, the accused persons hit on his chest and back of chest and the Police officials interfered in the matter and resisted them and that otherwise the death of the defacto complainant would have caused. It is on basis that the prosecution would state that all the accused persons have thus committed the abovesaid offences.

(3.) It is pointed out that accused Nos.13, 14, 17, 18 and 19 have already been granted anticipatory bail by the Sessions Court concerned. It is further seen that some of the accused persons were arrested, remanded and later let out on regular bail. Accused No.16 has been granted regular bail by this Court as per order dated 11.04.2019 in B.A.No.2454/2019. Accused No.13 has been granted regular bail by this Court in order dated 07.10.2018 in B.A.No.8252/2018.