Kerala High Court
Tajudheen P.T vs State Of Kerala on 10 February, 2020
Author: V Shircy
Bench: V Shircy
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941
Bail Appl..No.9380 OF 2019
CRIME NO.589/2019 OF Perinthalmanna Police Station, Malappuram
PETITIONER/ACCUSED:
TAJUDHEEN P.T.
AGED 52 YEARS
S/O.ABDU P.T., POTHIYILTHOTTI PARAMBIL HOUSE,
POOVATHAM, ALIPARAMBA P.O., MALAPPURAM VIA
ANAMANGAD- 679357, CURRENTLY RESIDING AT 201
INSURANCE HOUSE, FINANCE HOUSE BLDG/ORJAWAN TOWER,
ZAYED 2ND STREET, KHALIDIYA, NEAR GRAND STORE,
ABUDHABI, UNITED ARAB EMIRATES.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
PP SREEJA V
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
10.02.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9380 OF 2019
2
ORDER
Application for pre-arrest bail.
2. The petitioner is the sole accused in Crime No.589/2019 of Perinthalmanna Police Station, Malappuram District registered for the offence punishable under Section 153A of the Indian Penal Code.
3. The prosecution allegation is that on 09.11.2019 at about 11.36 hours, the petitioner posted a post in his Facebook with the intention to create religious enmity hatred and ill-will among people and thus to disturb the peaceful atmosphere of the society and disturb the public tranquility. Thereby he committed the aforesaid offence.
4. Heard both sides.
5. The learned counsel for the petitioner has submitted that he is an ordinary citizen. He has expressed his view against the decision taken by the Supreme Court in Ayodhya case. But he never had any intention to create disharmony in the regional groups or castes or to create religious enmity among people. He is a person, who is working abroad and he happened to post the same in his Facebook as his personal opinion. But he has no intention to commit such an offence. But he apprehends arrest and torture by the police and hence this application.
Bail Appl..No.9380 OF 2019 3
6. The learned Public Prosecutor has submitted that the gravity of the offence alleged against this petitioner is grave and serious in nature and it is also submitted that as he is abroad, his apprehension that he will be arrested by the police is without any reasonable ground.
7. On going through the records it is seen that this petitioner is working abroad and he is intending to come back to his place of residence but because of the registration of this crime he apprehends arrest and torture by the police. Whether he had any malicious intention or not while posting the said post could be proved at a later stage. But I think that for the same custodial interrogation is not inevitable.
8. Considering the nature of the allegations levelled against him, I think that a direction can be given to him to surrender before the Investigating Officer on 02.03.2020 as he is abroad and co- operate with investigation of the case. Upon such surrender, after interrogation, he shall be released on bail subject to the following conditions:
(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the Bail Appl..No.9380 OF 2019 4 Investigating Officer, in the event of arrest by the police in connection with the above crime.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing. He shall co-operate with the investigation of the case.
(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
Sd/-
SHIRCY V. JUDGE mpm