IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 Bail Appl..No. 216 of 2010 CRIME NO.821 OF 2009 OF JUDICIAL MAGISTRATE OF THE FIRST CLASS (I), KASARAGOD. PETITIONER/ACCUSED -------------------------------------- M.A.AKBAR, AGED 22 YEARS, S/O.ABDUL SALEEM ALIAS SALAM, MATTATH HOUSE, KOLAVAYAL, AJANUR GRAMAM. BY ADV. SRI.MURUGAN P.V. SRI.ZUBAIR PULIKKOOL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KASARAGOD THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON 10/2/2010, ALONG WITH BA NO.193 OF 2010 AND CONNECTED CASES, PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.216, 431, 530, 193, 494 380 and 591 OF 2010 ------------------------------------------------------ Dated this the 10th day of February, 2010 O R D E R All these Bail Applications are filed under Section 439 of the Code of Criminal Procedure. B.A.Nos.216 of 2010 and 431 of 2010 arise out of Crime No.821 of 2009 of Kasaragod Police Station, B.A.Nos.530, 193, 494 and 591 of 2010 arise out of Crime No.238/CR/KNR/2009 of CBCID Kasaragod, which was originally registered as Crime No.816 of 2009 of Kasaragod Police Station. B.A.No.380 of 2010 relates to Crime No.817 of 2009 of Kasaragod Police Station. 2. The details regarding crime number, Bail Application number, rank and name of the accused, sections of offence, time of occurrence, and date of arrest are mentioned below: B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 2 :: Crime No. BA.No. Rank and Name of accused Sections of offence Time of occurre nce Date of arrest 821/09 216/2010 A9-M.A.Akbar 143,147,148, 342,353,332 & 395 r/w 149 IPC and Section 3(1) of PDPP Act 5.45 P.M 22/12/09 (surren- dered) 821/09 431/2010 A12 M.Abdul Shereef A13 Mohammed Althaf A11 Ahammed K.A. -do- -do- A11 on 13.12.09 A12 & A13 on 15.11.09 in Crime 816/09. Their formal arrest was recorded in Cr.No. 821/09 later 238/CR/ KNR/ 09) CBCID Kasara- god (Cr.No. 816/09 of Kasa- ragod police station 530/2010 A1 T.M.Shameer A13 Thaha. K. 143,147,148, 353,332,333, 427 and 307 r/w 149 IPC and section 3 (1) of PDPP Act. 6.30 PM A1 on 23.11.09 A13 on 30.11.09 B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 3 :: Crime No. BA.No. Rank and Name of accused Sections of offence Time of occurre nce Date of arrest -do- 193/2010 A18 Yasar A.V. A26 Jaffar Saddique -do- -do- 04/01/10 -do- 494/2010 A34 Anees O.T. -do- -do- 18/12/09 -do- 591/2010 A32 M.Abdul Shereef A33 Mohammed Althaf -do- -do- 23/1/10 817/09 380/2010 A1 to 5, H.Ramesh, K.Sajith Kumar B.K.Pavan Kumar Shashidhara @ Shashi Satheesh Naik 143, 147, 148, 341, 323, 324, 307 & 302 r/w 149 IPC 6.45 PM A1 & A5 on 22/11/09 A2 to A4 on 3/12/09 3. On 15.11.2009 several unfortunate incidents took place at Kasaragod which necessitated registration of several cases. 4. On 15.11.2009, thousands of workers and activists of Indian Union Muslim League assembled near the new bus stand at Kasaragod to provide a warm reception to the State leaders of the political party. By about 4 PM, several people started coming to Kasaragod in vehicles and otherwise. It is alleged that by about 5.45 PM, the IUML workers started indulging in unlawful activities. They B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 4 :: pelted stones to a 'Bhajanamandiram' and several shops. The police rushed to the place. About 150 people were assembled there. The Circle Inspector of Police was pulled down from the police jeep. The police people were beaten up. The police personnel were prevented from discharging their official duties. The police jeep bearing registration No.KL01-AV/402 was pushed down and destroyed. The police used tear gas shells. Still, the miscreants did not disperse. The miscreants took away two tear gas shells from the police jeep. 5. The unlawful activities continued. The District Superintendent of Police, on getting information, came to the spot. He went to the place in a police car. When he reached the premises of the new bus stand at Kasaragod, about 500 people, armed with sticks, attacked the police party. They pelted stones at the policemen and the car. The car was taken back to the police station. The Deputy Superintendent of Police, Kasaragod and party came to that spot. The miscreants continued pelting stones towards the shops and the policemen. Grenade was applied by the police. Even after ten grenades were used, the miscreants did not disperse and they continued their unlawful activities. An attempt was made to disperse them by lathi-charge. But the policemen could not proceed B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 5 :: towards the miscreants as there was stiff resistance. The District Superintendent of Police, Deputy Superintendent of Police, the police personnel and the Gunman of the District Superintendent of Police sustained injuries. The Sub Inspector of Police, Badiadka and a policeman fell down as a result of the injuries sustained by them. The police got information that Hindus were also assembling in other places in order to commit offences. It is stated that the District Superintendent of Police bona fide believed that matters were going out of control and a communal riot was about to occur. It is also stated that the police party bona fide believed that their lives were in danger. By about 6.30 PM, the District Superintendent of Police took the service pistol from the Gunman and asked the miscreants to disperse pointing the gun towards them. They did not disperse. On the other hand, they became more aggressive. It is alleged that the District Superintendent of Police had no other alternative but to fire three rounds. The miscreants dispersed. The police party found one injured person lying there. He was taken to the hospital. Later, he died at the hospital. 6. Meanwhile, some of the IUML workers were going back on finding that the IUML workers had started indulging in unlawful B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 6 :: activities. At a place near the traffic circle at Karanthakkad, some persons surrounded them and they were attacked with dangerous weapons. One Muneer A.K., who gave the First Information Statement in Crime No.817 of 2009, sustained stab injury. Mohammed Ashruddin, who was also returning along with Muneer, sustained stab injuries and he died as a result of the injuries sustained by him. It is alleged that Mohammed Ashruddin was murdered and Muneer was stabbed by the workers of Bharathiya Janatha Party at about 6.45 PM on 15.11.2009. Crime No.817 of 2009 was registered. In the First Information Statement, A.K.Muneer, the first informant, stated that he went to the premises of the new bus stand at Kasaragod along with his friends Mohammed Ashruddin and others. They realised that some of the IUML workers were indulging in destroying flags and boards of other political parties. They also realised that the police was trying to scare those IUML workers away. At that time, Muneer and his friends left the place and they were attacked while going back. 7. The accused persons in the aforesaid three crimes are in judicial custody from various dates commencing from 22.11.2009 B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 7 :: onwards. Some of the accused persons were arrested in December, 2009 and in January 2010. 8. On an earlier occasion when a few Bail Applications in respect of the crimes registered by Kasaragod Police in respect of other incidents came up for hearing, it was noticed that several communal clashes were taking place in Kasaragod District and that quite an unhealthy trend was prevailing in and around Kasaragod. A report was called for from the District Superintendent of Police in respect of the cases relating to communal clashes registered during the last three years. The report filed by the District Superintendent of Police indicated that in 2007, 18 “communal cases” were registered, while in 2008, 39 such cases were registered in different police stations in Kasaragod District. During 2009, up to 31.5.2009, 25 “communal cases” were registered. Dealing with the Bail Applications, an order was passed by me on 24.9.2009 (Sudhish K. and others v. State of Kerala and another (ILR 2009 (4) Kerala 350 = 2009 (4) KHC 333 = 2009 (3) KLJ 532 = 2009(4) KLT SN 41 Case No.39), wherein it was held in paragraphs 15 and 17 thus: B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 8 :: “15. Why communal disharmony is more prominent and prevalent in Kasaragod District ? Why people belonging to Hindu and Muslim religions fight against each other on communal lines ? Is there any polarization of the society on account of religious hatred and disharmony ? Depending on the answers to the questions mentioned above, remedial measures require to be taken by the Government and by the people at large. The intelligentsia, the Political parties, non governmental organisations, cultural organisations, students’ organisations and prominent social and cultural leaders have a great role to play in setting right the society. It is not very relevant to find out who was at fault first or how many persons belonging to each religion lost their lives and property. The relevant point is whether due to communal disharmony, lives and property of our people are at stake. The attempt should also be not to find fault with each other. Political parties may, probably, accuse each other, which also may not be helpful in setting things right. A concerted effort by all is required. If there is involvement of outside agencies in making things worse, their activities must be contained and curbed in a most befitting manner. 16. ......... ............ ............ 17. People belonging to different religions should B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 9 :: be able to regain mutual confidence and communal harmony. Creative efforts should be taken to instil confidence in the general public that there would be uniform treatment of the members belonging to different religions. There should be no room for any allegation that any act or omission is aimed at appeasing a vote bank. Courts would only deal with individual cases. Policy decisions are to be taken by the Government. Such decisions are to be effectively implemented in such manner as the Government think fit. The findings and observations made in this order are intended to point out the need for taking remedial measures and concrete steps to contain communal disharmony. Recurrence of such criminal activities, as revealed from the series of cases, and the adverse impact of the same in the society at large, should not go unnoticed.” 9. The order in Sudhish K. and others v. State of Kerala and another was passed on 24.9.2009. Within two months of the date of passing the order, several unfortunate incidents took place at Kasaragod resulting in the loss of life of two persons. At this stage, it is not proper to make any observation with respect to the reasons which led to the incidents. Whatever may be the reasons, it is clear that a totally uncontrollable situation arose in and around Kasaragod B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 10 :: on 15.11.2009 and communal clashes took place. Unless wholehearted and firm steps are taken by the Government, Kasaragod will not remain peaceful. I am also of the view that all the political parties owe a responsibility to the people of the State and it is their duty to instill confidence in the people and to prevent the members of the respective political parties from resorting to unlawful activities resulting in communal clashes. 10. The accused persons in these seven Bail Applications are continuing in judicial custody. I do not think that their continued detention would, in any way, help improving the situation. Even if some of the persons belonging to different groups are kept in judicial custody, the communal clashes will not come to an end. Therefore, I do not find any reason not to grant bail to the petitioners in these Bail Applications. I am inclined to grant bail to the petitioners on stringent conditions. 11. The petitioners shall be released on bail on their executing bond for Rs.50,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class -I, Kasaragod, subject to the following conditions: B.A. NOS.216, 431, 530, 193, 494, 380 and 591 OF 2010 :: 11 :: a) The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, till the final report is filed in the respective cases or until further orders; b) The petitioners shall appear before the investigating officer for interrogation as and when required; c) The petitioners shall not enter into the limits of Kasaragod Police Station for a period of three months except for complying with conditions (a) and (b); d) The petitioners shall surrender their passports before the Court of the Judicial Magistrate of the First Class I, Kasaragod within one week. If any one of the petitioners does not hold an Indian Passport, an affidavit to that effect, sworn to by him, shall be filed before the learned Magistrate within one week; e) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence; f) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; g) In case of breach of any of the conditions mentioned above by any of the petitioners, the bail granted to him shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/