IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 Bail Appl..No. 3479 of 2008() ----------------------------- CRIME NO. NOT KNOWN, IRINJALAKUDA POLICE STATION PETITIONER : ----------------- SAJEEVAN SWAMY, S/O.RAVINDRAN, AGED 42, RESIDING AT THUMBARAPPILLY HOUSE, IRINJALAKUDA NORTH, TRICHUR DISTRICT. BY ADV. SRI.C.K.VIDYASAGAR SRI.P.CHANDY JOSEPH RESPONDENTS: COMPLAINANT: ----------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. DISTRICT SUPERINTENDENT OF POLICE, TRICHUR. 3. DEPUTY SUPERINTENDENT OF POLICE, IRINJALAKKUDA. BY DIRECTOR GENERAL OF PROSECUTION SRI.P.G.THAMPI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ------------------------------------- Bail Appl.No. 3479 of 2008 ------------------------------------- Dated this the 30th day of May, 2008 ORDER This petition is filed under Section 438 of Cr.P.C. for anticipatory bail. 2. According to petitioner, the police is hunting for him and he apprehends arrest and harassment from the police without any basis. Newspaper reports have been produced, which refer to the petitioner as “Kundalini Swamy”, “Thumparapully Sajeevan Swamy” etc. In the Mathrubuumi daily dated 24.5.2008, it is also reported that “Kundalini Swamy” is under the observation of the police. It is alleged that he is involved in real estate deal and making money out of it. It is also alleged that he claims himself to have acquired 'kundalini Power' by observing 'Upavasam' for 45 days in Kadajadri. It is also reported that the police could not trace him when they went to his house at Irinjalakuda, but Police contacted him over Mobile phone and it was revealed that he was at Muvattupuzha. It is also reported that he is directed to appear before the police. In view of all these news reports, the petitionerv reasonably apprehends that the police may harass him, implicating him in a non-bailable offence and also arrest him, without any basis. B.A.3479/08 2 3. Sri. P.G. Thampi, learned Directed General of Prosecution, submitted that the policy of the Government is to trace out “fake swamys” who are extracting huge amount of money from public by making misrepresentations and cheat them fraudulently. It is the policy of Government to protect the public from exploitation by such “fake Swamys” and also from being cheated by them. Learned Director General of Prosecution, on instructions, submitted that the Sub Inspector of Police Irinjalakkuda Police Station, had gone to the Ashramam of petitioner and enquired about him and also asked his wife to appear before the police authorities to know what type of pooja he was doing. 4. It is also submitted by learned Director General of Prosecution that immediately, after news reports on Santhosh Madhavan and Bhadra Swamy's cases, lot of information is flowing to the police station about the activities of 'fake swamys'. He submitted that the practice adopted by the petitioner is to forecast the calamities which may occur to a person and also advise such person to conduct costly poojas as a deterrent measure. The cost of each pooja is Rs.25,000/- and if the petitioner is not satisfied, he will ask the client to do one more pooja. He would also be told that on failure to do such pooja, death would occur within one month. The petitioner is engaged in real estate business and it is believed that his main source of income is the B.A.3479/08 3 so-called costly poojas. 5. Learned counsel for the petitioner flatly denied all the allegations made against the petitioner. He submitted that petitioner does not conduct any pooja nor does he collect money from any person for doing poojas. According to him, the petitioner is not even a “swamy”, but only an ordinary citizen. When arguments are advanced referring to the petitioner as 'swamy', 'fake swamy' etc., out of my curiosity, I asked the learned Director General of Prosecutions to clarify to this Court as to what he meant by the expression “swamy” and as to how he would define a “genuine swamy”. He was not able to give a proper answer to this, but only stated that persons claiming themselves to have supernatural powers and conduct poojas for the public for extracting money can be called as 'fake swamy'. 6. According to learned Director General of Prosecution only persons who are falsely claiming themselves to be swamys are under police observation, Government proposes to take criminal action also against such persons. Any way, it is clear from this submission made and the materials produced that the petitioner can be taken into custody at any time. But, when a question is put as to what is the basis for proceeding against petitioner, he could only state that he is a “fake Swamy” and that is the information received on enquiryby police. It is however, admitted that no complaint is received against petitioner B.A.3479/08 4 from any person so far. 7. Learned counsel for th petitioner submitted that the petitioner is an ordinary citizen of this country having wife and children leading an ordinary life. The petitioner has however practised 'Kundalini Yoga' under Guru Gopinatha Swamy and spent months together in Kudajadri in meditation and this has helped him to arouse 'Kundalini power'. The petitioner found that he used to get institutions which very often was proved to be correct. 8. Learned counsel for petitioner referred to various extracts from the internet (Wikipedia, free encyclopedia etc.) and explained that the “kundalini power” referred to by him is not a fake claim but it has scientific background. Only because petitioner has attained such power, he cannot be treated as a “fake Swamy” and proceeded against. The following extracts from internet were relied upon by him to support his argument: “Kundalini Yoga is intended to awaken the energy that resides in the spine by activating the nerve channels that are intertwined there. Kundalini Yoga is sometimes called “the Yoga of Awareness” because it awakens the “kundalini” which is the unlimited potential that already exists within every human being (Sat Bechan Kaur Karla Becker, 2004). Practitioners believe that when the infinite potential energy is raised in the body it stimulates the higher centers, giving the individual enhanced intuitions and mental clarity and creative potential. As such, Kundalini was considered a dangerous practice by ruling powers and so, was historically practiced in secret. The B.A.3479/08 5 knowledge was handed down by Master to student only after long initiation processes to determine the student's commitment.”[Vide Wikipedia, the free enchyclopedia “Kundalini Yoga”] 9. Learned counsel for petitioner submitted that petitioner has not lured anybody by making any false promise nor has he attempted to capitalise upon his inspirations to jeopardize others. He never claimed himself to be a Sanyasi. He has no Ashramam and he is not conducting any poojas for others. Learned counsel for the petitioners also pointed out that no person has ever made any complaint against the petitioner that he has been collecting money for doing any pooja for them by himself. But the police is chasing the petitioner on some mistaken assumption and without any basis that he is a “fake swamy deceiving the public.” According to him, such references made as “fake Swamy” etc. will harm reputation of the petitioner and it will also cause irreparable injury and loss to the petitioner. Therefore, unless this Court intervenes and passes an appropriate order, he will suffer great hardship in the society. 10. Learned Director General of Prosecutions conceded that no complaint is received against petitioner. It appears that the police is moving against petitioner on some rumours. Learned learned Director General of Prosecutions made it very clear that no crime is registered against the petitioner and the police does not intent to arrest petitioner for any non bailable offence. But, it is learned from that B.A.3479/08 6 some poojas are being conducted and huge amounts are being received by the petitioner by deceiving persons. Therefore, the police is making enquiries about the same but there is no intention to harm the petitioner in any manner. The interest of the police is only to protect the general public from exploitations by “human-Gods”. 11. On hearing both sides, I am satisfied that the police is very much after the petitioner on some suspicion that he is a cheat etc. But, without getting any sufficient materials, it may not be proper for anybody to proceed against any individual stating that he is a fake person. Every citizen in this country has the right to lead a decent life, without being harmed in body, mind or reputation. Therefore, unless and until the police gets a genuine complaint against the petitioner, it may not be proper to proceed against him and infringe his valuable rights protected and guaranteed under the Constitution of India. On the basis of some Newspaper reports or anonymous telephone calls or letters, which may or may not be true, nobody can be allowed to be persecuted or harmed. No doubt, when instances are brought to the notice of this Court that a person is harmed without any basis, the court has to intervene. 12. Therefore, it is made clear that in the absence of any compliant in writing, the police shall not carry on with the “fake- swamy-hunt” against the petitioner. If the allegations made against B.A.3479/08 7 the petitioner are true, in a State like ours which claim 100% literacy, it is high time that a complaint would be lodged. In the absence of it, the petitioner shall not be put to any humiliation, especially by police. 13. Anyway, as revealed from the representation made by learned learned Director General of Prosecution, the petitioner is not required for the purpose of any investigation into a non-bailable offence and he is not intended to be arrested in any such offence. Learned Director General of Prosecution has admitted that no crime is registered against the petitioner and he is not required for any arrest for any non-bailable offence. In the light of the above submission, there exists no more reason for any apprehension by the petitioner that he will be arrested on complaints of non-bailable offence. Yet an order will have to be passed to protect the petitioner from baseless harassment, it is submitted. 14. Hence, while making it clear that the intention of this Court is not to interfere with any lawful investigation being made into any allegations made against the petitioner, since it is the duty of the police to protect the interest of the public as well, from being cheated or exploited, the police shall not chase an individual like petitioner under the guise of discharge of their official duty, without there being any complaint. If the petitioner is required for the purpose of investigation into any allegations made in writing which constitute B.A.3479/08 8 an offence, this order will not prevent the police from procuring his presence for interrogation. But it shall be done only after issuing prior notice to the petitioner in writing. 15. In the result, the following order is passed: (i) The submission of the learned learned Director General of Prosecution that no crime is registered against the petitioner and that police has no intention to arrest him for any non-bailable offence is hereby recorded. (2) If the police requires the petitioner for interrogation in connection with any allegations in the form of written complaint constituting any offence, police shall give notice in writing to the petitioner, in which case the petitioner shall make himself available for interrogation and co-operate with the enquiry/investigation. (3) In view of the above fact-situation, since there is no reasonable ground now to believe that the petitioner will be arrested for a non-bailable offence, anticipatory bail cannot be granted. This petition is disposed of accordingly. K. HEMA, JUDGE. Krs.