IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Bail Appl..No. 5122 of 2009 CRIME NO.31 OF 2008 OF THRIKKAKARA POLICE STATION PETITIONER/ACCUSED NO.15 -------------------------------------------- M.E.ALI, AGED 53 YEARS, S/O. IBRAHIM, VADAKKEKUDI, MOOKKADA VEEDU, RAYONPURAM P.O., SOUTH VALLOM KARA, PERUMBAVOOR VILLAGE. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT: STATE -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.31 OF 2008 OF THRIKKAKARA POLICE STATION). DIRECTOR GENERAL OF PROSECUTION SRI.V.G.GOVINDAN NAIR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/9/2009, THE COURT ON 08/10/2009 PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5122 OF 2009 ------------------------------------------------------ Dated this the 8th day of October, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.15 in Crime No.31 of 2008 of Thrikkakara Police Station, Ernakulam District. 2. The offences alleged against the accused persons in the case are under Sections 143, 147, 148, 307, 324, 307 and 120 –B read with Section 149 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act. 3. According to the prosecution, Accused Nos. 1, 4, 5 and 9 are absconding and Accused Nos. 6,7 and 8 died in an encounter in Jammu, while they tried to cross the border. 4. The prosecution case is that the accused persons hatched a criminal conspiracy to assassinate Abdul Rahim alias K.M.R. Guru, who was running a Spiritual Palace at Pookkadasseri. It is alleged B.A. NO. 5122 OF 2009 :: 2 :: that a section of the Muslims believe that the ideologies of K.M.R. Guru and his activities are against Islam. On earlier occasions, unsuccessful attempts were made to assassinate K.M.R. Guru. It is alleged that the accused persons hatched the conspiracy at various mosques. One of the accused persons (Abdul Rahim), impersonating himself as Abdulla, succeeded in getting access to the Spiritual Palace run by the Guru and became Guru’s disciple. Guru was made to believe by Abdul Rahim that he would arrange persons for purchasing the scrap electrical goods worth Rs. One crore belonging to the former and that he had contacts with dealers of scrap at Bangalore and Hyderabad. In furtherance to the conspiracy, the accused persons invited Guru to a place near Infopark at Kakkanad. Deadly weapons like swords, axe and explosives were collected by the accused. Vehicles were also arranged. K.M.R. Guru was informed over mobile phone to reach at the place near Godrej Company, near Infopark. K.M.R. Guru and his associates came to the place in a Scoda car. The 5th accused, riding on a motor bike, led Guru to the place. Guru and his associates were led to the compound of a building under construction. Accused No. 4 shook hands with Guru. At that time, 2nd accused attacked Guru with an axe. One of his disciples was also injured due to the attack with the B.A. NO. 5122 OF 2009 :: 3 :: axe. Guru and his disciples attempted to escape. The other accused persons came out of the vehicle and wrongfully restrained Guru, pushed him to the ground and inflicted deadly wound on his neck with the axe. Some other accused hurled bombs at Guru and his associates. Under the belief that Guru was dead, the assailants escaped from the scene. 5. Bail Applications filed by the petitioner and another accused were dismissed by this Court as per the common order dated 24.3.2009 in B.A. Nos.539, 1142 and 1209 of 2009. In that order, it was also noticed that final report was filed in the case. In the order dated 24-3-2009, it was held (by Justice V.Ramkumar) thus: “ The investigation files, prima facie reveal the handy work of a terrorist out fit of which the accused persons are important links. Terrorism in the most horrendous form is showing its ugly face in various parts of our nation vitally threatening the stability of the country. I am not inclined to grant bail to any of the petitioners before the outcome of the trial. These petitions are accordingly dismissed.” (emphasis supplied). B.A. NO. 5122 OF 2009 :: 4 :: 6. The petitioner submits that he was attracted by the activities of Rahim Pookkadasseri @ K.M.R.Guru and the petitioner was the Secretary of the Spiritual Movement for a long period. Later, it was realised that K.M.R.Guru used to misappropriate wealth and money of his disciples and molest ladies. The petitioner also submits that K.M.R.Guru has secret business connection with a terrorist who has activities in India with foreign aid. It is also alleged that K.M.R.Guru is having more than twenty residential buildings in the State of Kerala. K.M.R.Guru had also attempted to rape the wife of the petitioner. The petitioner disassociated with the activities of K.M.R.Guru and started propaganda against the illegal and nefarious activities of K.M.R.Guru. It is also alleged that K.M.R.Guru is involved in a number of criminal cases including murder cases, rape cases, etc. The petitioner relied on the newspaper reports to support his contention. 7. The petitioner alleges that the case is foisted against him. The petitioner also relied on Annexure – A4 newspaper report to contend that further investigation was ordered in the case to consider whether the petitioner has really committed the offence as alleged. B.A. NO. 5122 OF 2009 :: 5 :: 8. Learned Director General of Prosecution submitted that no further investigation was ordered as alleged by the petitioner. It is stated that if the petitioner is released on bail at this stage, there is every likelihood that the petitioner may influence/intimidate the witnesses and make himself scarce. It is also pointed out by the learned Director General of Prosecution that in the earlier order it was stated by the learned single Judge that the Court was not inclined to grant bail to any of the accused persons before the outcome of the trial. 9. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the allegations levelled against the petitioner and also taking into account the orders passed by this Court on earlier occasions, I am not inclined to grant bail to the petitioner at this stage. The Bail Application is accordingly dismissed. Dismissal of this Bail Application should not be a ground for not making any investigation into the alleged illegal activities of Rahim Pookkadasseri @ K.M.R.Guru. Simply because he was B.A. NO. 5122 OF 2009 :: 6 :: injured in an attempt to do away with him would not stand in the way of a proper investigation being made against the alleged criminal activities of Rahim Pookkadasseri @ K.M.R.Guru. I am sure that police will take appropriate and earnest steps in the matter of investigation of any such crime registered against Rahim Pookkadasseri @ K.M.R.Guru. (K.T.SANKARAN) Judge ahz/