IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 720 of 2010 CRIME NO.762 OF 2009 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/3RD ACCUSED ------------------------------------------ JAYAN @ JAYACHANDRAN, AGED 26 YEARS, S/O.JANARDHANAN @ COMPUTER RESIDING AT KOLAPOIKA PUTTANVEEDU, PERUMPUZHA DESOM, ELAMBALLOOR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, THROUGH THE CIRCLE INSPECTOR OF POLICE, VARKALA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, ALONG WITH BA NO.999 AND 1087 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.720, 999 & 1087 OF 2010 ------------------------------------------------------ Dated this the 4th day of March, 2010 O R D E R These Bail Applications are filed under Section 439 of the Code of Criminal Procedure by some of the accused persons in Crime No.762 of 2009, Varkala Police Station, who are in judicial custody since September and October 2009. The offences alleged against the accused are under Sections 120 B, 109, 143, 147, 148, 341, 201, 307 and 302 read with Section 149 of the Indian Penal Code and Section 27 of the Arms Act. 2. The details regarding the Bail Applications, names of the accused and dates of their arrest are shown below: Number of the Bail Application Rank and name of the accused Date of arrest B.A. No.720 of 2010 A3- Jayan alias Jayachandran 29-9-2009 B.A. No.999 of 2009 A1- Das alias Kunjan A4- Madhu alias Saji A5- N.Sudhi A8- Suresh alias Soman A10-Sunil alias Ponnumon A12-Chandrasekharan alias Thomas 27-9-2009 1-10-2009 3-10-2009 12-10-2009 3-10-2009 14-10-2009 B.A. No.1087 of 2010 A9- Subhash alias Soman 3-10-2009 B.A. NOS.720, 999 & 1087 OF 2010 :: 2 :: 3. On 23-9-2009, between 5 A.M. and 5.15 A.M., one Sivaprasad, aged 62 years, was murdered near Ayiroor Post Office, Varkala, while he was engaged in morning walk. He had sustained fatal injuries on his neck, caused by lethal weapons. 4. The case of the prosecution is that the offences were committed by the members of a dalit organisation working under the name and style, Dalit Human Rights Movement (DHRM). It is alleged that the first accused Das is the South Zone Organiser of DHRM. The second accused, Advocate Asokan, is the legal advisor and leader of DHRM. Accused No.16 Selvaraj is the Chairman of DHRM. The other accused persons are workers of DHRM. It is alleged that DHRM planned several criminal activities at various places in order to create terror and insecurity among the people and thus to gain prominence. 5. Sri.V.G.Govindan Nair, the learned Director General of Prosecution submitted that accused Nos.6,7,11, 13, 14 and 15 are yet to be arrested. Charge sheet was filed in the case on 23.12.2009 before the Court of the Judicial Magistrate of the First Class I, Varkala. B.A. NOS.720, 999 & 1087 OF 2010 :: 3 :: 6. The learned Director General of Prosecution submitted that the investigation revealed that DHRM decided to get prominence in the society and to show their strength to the people at large and to the members of the organisation. To achieve the object, they decided to indulge in illegal activities and criminal activities and thereby to create terror among the people. On 16.9-.009 and 17.9.2009, a conspiracy took place under the leadership of accused No.1, who is the south zone organiser of DHRM, at Varkala, Vadasserikonam and Kallambalam. In continuation of the same, the accused conspired at the residence of accused No.4 Madhu alias Saji and accused No.10 Sunil alias Ponnumon on 22-9-2009. The accused decided to do away with and/or to cause serious injuries to the maximum number of non-dalit persons at Varkala and nearby places. In the early hours on 23-9-2009, accused Nos.5 to 11 assembled in the house of accused No.10. They divided themselves into three groups. They were armed with deadly weapons. They proceeded on three bikes. Accused Nos.5,6 and 7 went together on the motor bike bearing registration No. KL 02 AD/177. At about 5.05 A.M., accused Nos.5,6 and 7 attacked Shivaprasad. Shivaprasad died while he was being taken to the hospital. Accused Nos.5,6 and B.A. NOS.720, 999 & 1087 OF 2010 :: 4 :: 7 tried to attack another person. But he escaped. They attacked yet another person, who sustained serious injuries. The other two groups of accused also attacked several other persons at different places. 7. The learned Director General of Prosecution also submitted that the workers of DHRM were involved in the attempt to murder of one Sabu, while he was engaged in the preparation for the celebration of Sreenarayana Guru Samadhi. It is pointed out that Varkala Police registered several crimes against the workers of DHRM during the last one year. The activities of DHRM cause serious threat to the peaceful life of the people in the locality. It is submitted that if the petitioners are released on bail, they would indulge in similar criminal activities. The chances of the witnesses being intimidated, influenced and threatened, also cannot be ruled out. 8. The learned counsel appearing for the petitioners submitted that the charge sheet was filed in the case and therefore, it cannot be said that by granting bail to the petitioners, investigation would be affected. The petitioners are prepared to abide by any B.A. NOS.720, 999 & 1087 OF 2010 :: 5 :: condition imposed by the Court. They are even prepared to appear before the Station House Officer, Varkala Police Station on every day, if the Court so directs. 9. I do not think that it is necessary to detain the petitioners further. Charge sheet was filed in the case. It is true that the offence alleged against the petitioners is grave in nature. It is also true that the allegation is that the petitioners wanted to create terror in the society and they decided to kill any person whom they came across on the date of the incident. That does not mean that the petitioners would continue to indulge in such activities in future also. It is only proper to think that by this time the petitioners and their organisation must have realised that the general public have condemned their alleged illegal activities. The petitioners must have also realised that they would not get public support for any such alleged heinous activities. I am of the view that the petitioners can be released on bail on stringent conditions. At the same time, it is relevant to mention that the petitioners shall not give room for any criticism by the general public or by the police that they (the petitioners) continue to indulge in any unlawful or prejudicial activities. Whatever may be the ideology of the petitioners and their B.A. NOS.720, 999 & 1087 OF 2010 :: 6 :: organisation, they are not entitled to indulge in any activity which causes harm to others or which affects the rights and liberty of others. It is made clear that in the event of occurrence of any such incident, bail granted to the petitioners shall be liable to be cancelled. 10. The petitioners shall be released on bail on their executing bond for Rs. 50,000/- each with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class I, Varkala, subject to the following conditions: (A) The petitioners shall report before the Station House Officer, Varkala Police Station between 9 A.M. and 11 A.M. on every Monday, Wednesday and Friday, until further orders; (B) The petitioners shall not try to intimidate or influence the prosecution witnesses or tamper with the evidence; (C) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; (D) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Applications are allowed as above. (K.T.SANKARAN) Judge ahz/