IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2713 of 2010() ----------------------------- CRIME NO.72/10 OF PERUMPETTY POLICE STATION, PATHANAMTHITTA. (S): PETITIONER/7TH ACCUSED ------------------------------------------ BABU GEORGE S/O.K.V.GEORGE, AGED 44 YEARS, GRACE LAND COTTAGE, KOLICHODUM, VAPPALASSERI MURIYIL, KARIYATTU VILLAGE, ALUVA THALUK, ERNAKULAM. BY ADV. SRI.JOHN MATHEW SRI.K.P.RAJEEVAN SRI.MANUEL KACHIRAMATTAM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.K.SURESH. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ---------------------------------------------- Bail Application No.2713 of 2010 ---------------------------------------------- Dated 18th May, 2010. O R D E R This petition is for bail. 2. The alleged offences are under Sections 153(A), 295 (A) and 505(2) read with Section 34 of the Indian Penal Code and Section 14 of the Press and Registration of Books Act. According to prosecution, a book by name “Chinvad Palam” was written by one Shamu Coimbatore and he died on 17.3.2010. His funeral was arranged on 22.3.2010 and during the funeral services, the controversial book which contain blasphemous statements, which were calculated to injure religious feelings of Muslim community were distributed to the Pentecost and Muslim communities. Speeches were also made at the venue and thereby accused Nos.1 to 7 committed various offences. 3. Learned counsel for the petitioner submitted that petitioner is the 7th accused, who is alleged to be the publisher of the book. The petitioner is not involved in any offence and he has not committed any offence. He has not published the controversial book. He was arrayed as an accused only because BA NO.2713/10 2 it is printed on the book that the book was published by “M/s.Abundant Life Publications”, which is owned by the petitioner. The address was also given in the book. Petitioner is absolutely innocent and he is in custody for the past 63 days and he may be granted bail, it is submitted. 4. This petition is strongly opposed by the learned Public Prosecutor. It was argued that the book contains blasphemous statements ,which would injure religious feelings of Muslims. It was written in the book that Prophet Mohammed Nabi was a womanizer etc. There is a calculated attempt to inspire religious rivalry between two communities. After the funeral, several untoward incidents happened in the locality and there is a tensed situation in the locality. Various senior police officials had to intervene to bring normalcy in the locality. 5. It is also submitted by him that the accused 2 to 6 were granted bail by the Magistrate Court and on that day, several incidents happened, in which a Medical Shop and other buildings were destroyed by the mob. In the above circumstances, if bail is granted to the petitioner at this stage, it BA NO.2713/10 3 is possible that there will be law and order problem in the locality. It is also submitted that investigation was conducted and it was found that petitioner is the publisher, as recorded in the book and it is not correct to say that petitioner has no knowledge about the publication. In fact, in the book itself, a reference is made to the petitioner. 6. On hearing both sides and considering various facts and circumstances, it appears to me that it may not be proper to grant bail to the petitioner at this stage. There is only a bare denial that petitioner is not the publisher whereas, on investigation, it is prima facie revealed that he is the publisher. The petition is dismissed. K.HEMA, JUDGE. tgs