IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Bail Appl..No. 4697 of 2010() ----------------------------- CRIME NO. 1989 OF 2010 CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONERS/ACCUSED NOS.1 AND 2: ----------------------------- 1. ABDUL SALAM, S/O.IBRAHIM, PARAKKATTUVEEDU, PULLEPPADI, ERNAKULAM. 2. N.M.SIDHIQUE, S/O.MACKAR, H.NO.12/1426, PANAYAPPILLI, MATTANCHERY. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. C.K. SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11-08-2010, THE COURT ON 12/08/2010 PASSED THE FOLLOWING: V. Ramkumar , J. * * * * * * * * * * * * * * * * * * B.A. No. 4697 of 2010 * * * * * * * * * * * * * * * * * * Dated : 12th August, 2010 ORDER In this petition filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 1 and 2 in Crime No. 1989/2010 of Central Police Station, Ernakulam for offences punishable under Section 153 A read with Sec. 34 I.P.C. and Sections 52 A read with Sec. 68 A of the Copyright Act, 1957, seek their enlargement on bail. 2. I heard Adv. Sri. Sunny Mathew, the learned counsel for the petitioner. I also heard Adv. Sri.C.K. Suresh the learned Public Prosecutor who opposed the application . 3. Adv. Sri. Sunny Mathew appearing for the petitioners made the following submission before me in support of the petition:- None of the offences alleged against the petitioners will lie against them. Even assuming that the CDs and pamphlets seized contain B.A. No. 4697 of 2010 -2- matters promoting enmity between different groups on grounds of religion, mere possession of those CDs and pamphlets without their publication or dissipation cannot attract the offence punishable under Sec. 153 A. Likewise, in the absence of any complaint by any affected person alleging piracy , mere possession of the CDs without the requisite certificate cannot attract the offences under the Copyright Act. After the unfortunate incident wherein the hand of one Professor Joseph was amputated at Thodupuzha the State Police have been on the rampage and indiscriminate searches have been conducted and innocent Muslims have been persecuted . The present case is also one such act of police vandalism. The second petitioner who is the president of the Confederation of Human Rights Organisation (“CHRO” for short) had preferred a complaint before the National Human Rights Commission (“NHRC” for short) against the Kerala Police and the NHRC had called for a report from the Director General of Police, Kerala., The only allegation against the Ist petitioner is that he is the lessee of the room from which the aforementioned articles were seized by the police. It is on account of the animosity against the Muslims that the present case has been foisted against the petitioners. In any view of the matter , the continued detention of the petitioners is not called for. 4. I am afraid that I cannot agree with the above submissions. The facts of the case thus far unearthed by the police reveal the following:- B.A. No. 4697 of 2010 -3- On getting credible secret information to the effect that arms and other contraband articles were stored in the office room of CHRO and MRDF (Media Research and Development Foundation) at the first floor of the building belonging to the Muslim Education Society (M.E.S. for short) situated by the side of Professor Mathew Pailee Road to the west of the Town Hall at Ernakulam North, the Sub Inspector of Police, Central Police Station, Ernakulam along with his police party proceeded to the aforesaid premises on 15-7-2010 . After reaching there at 4.15 a.m. the police party found the premises being used as the office room of CHRO and MRDF. Since the door was locked , it was forced open in the presence of respectable witnesses. A search of the premises resulted in the seizure of the following among other materials:- i) 35 copies of various editions of the “Thejus” Weekly. ii) 20 identity cards of watch group volunteers of CHRO . iii) 20 official badges of freedom paradise, Popular Front of India iv) 200 C.D. covers on which were printed “this war doesn't end”. v) A letter along with envelope from one V. Faizal of Velayil House, Kovaran Beach , Thanur addressed to the MRDF Office at Ernakulam asking for CDs for distribution. vi) Three photographs of NDF freedom parade vii) Two rent receipts issued by M.E.S. to MRDF B.A. No. 4697 of 2010 -4- evidencing receipt of rent. viii) 200 CD covers on which were printed “ Ways to Marad”. മറടനറ വഴകള ix) “Aura “ monthly of June 2004. x) 40 pamphlets in Malayalam showing the paths of transformation of the N.D.F. xi) Copy of the Certificate of registration showing that CHRO was registered as a charitable society T.1829 under the Travancore - Cochin Literary Scientific and Charitable Societies Act, 1955. xii) 13 applications with photo affixed for enlisting as watch group volunteers of CHRO. xiii) 17 stickers showing that the Iraq war does not end xiv) 75 pamphlets titled “NDF Pioneering Social Change” xv) One placard by NDF showing that it is not Arya Samajam which has to rule Kerala xvi) One copy of “Anasim” fortnightly xvii) 65 CDs titled NDF freedom parade 2007 in the name of strike. xviii) 60 CDs in covers written “nay karwan” xix) 3 CDs titled the “ways of Marad” xx) 7 CDs titled “ freedom parade - 2006”. xxi) 5 CDs on which stickers of “freedom parade” have been pasted xxii) 8 CDs titled “Irqu war does not end” xxiii) 18 video covers titled “Hunters and their prey - a few Gujrat scenes. xxiv) 75 video cassets bearing no name or label. B.A. No. 4697 of 2010 -5- xxv) 1 CD titled “Hunters and their prey - a few Gujrat scenes”. xxvi) 3 rubber seals xxvii) 4 floppy discs On playing one of the CDs it was found to contain material promoting disharmony , enmity and hatred between Muslim and Hindu religious groups. The above items were seized under a search list and the above crime was registered. During the course of investigation A1 was arrested on 22-7- 2010 at 6 p.m. from the K.S.R.T.C. Bus Stand, Ernakulam and A2 was arrested on 22-7-2010 at 7 p.m. from the vicinity of the High Court. The first accused is the person who has taken the aforementioned room on rent for the purpose of MRDF. The second petitioner admittedly is the president of CHRO. The other accused persons in the case are yet to be apprehended. Investigation of the case is still in the preliminary stage. The police are yet to explore the connections, the inter-state or inter-country ramifications, if any, of the activities of the unidentified persons under the cover of MRDF and CHRO. It is too early to accept the B.A. No. 4697 of 2010 -6- petitioners' contentions that they have nothing to do with any clandestine activities prejudicial to the maintenance of harmony among the various groups . I am, therefore , not inclined to grant bail to the petitioners. This Bail Application is accordingly dismissed. Dated this the 12th day of August, 2010. V. RAMKUMAR, JUDGE. ani/ B.A. No. 4697 of 2010 -7-