Kerala High Court
By Advs.Sri.P.Vijaya Bhanu (Sr.) vs By Advs.Sri.P.Vijaya Bhanu (Sr.) on 25 August, 2017
Author: B.Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 22ND DAY OF FEBRUARY 2018 / 3RD PHALGUNA, 1939
Crl.MC.No. 6403 of 2017
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CRIME NO. 1002/2017 OF ARTHUNGAL POLICE STATION , ALAPPUZHA
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PETITIONER/ACCUSED
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T.G. MOHANDAS,
S/O.GOVINDA NAIK, 996/D,
AMRUTHANANDA MADAM LANE,
MATTANCHERY
BY ADVS.SRI.P.VIJAYA BHANU (SR.)
SRI.SAJITH KUMAR V.
SRI.JOSIE MATHEW
SMT.NEENA J KALYAN
RESPONDENT(S)/STATE AND DEFACTO COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE SUB-INSPECTOR OF POLICE,
ARTHUNKAL THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KEERALA, ERANAKULAM 682031.
2. MR.JISMON,
SECRETARY, AIYF,ALLAPUZHA DISTRICT COMMITTEE,
ALLAPUZHA 686 001
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI SURESH BABU THOMAS
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.V.
Crl.MC.No. 6403 of 2017 ()
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APPENDIX
PETITIONER(S)' ANNEXURE
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ANNEXURE A THE CERTIFIED COPY OF THE CRIME NO 1002/2017 OF
ARTHINAKAL POLICE STATION ALONG WITH F.I
STATEMENT
ANNEXURE B A TRUE COPY OF THE NEWPAPER REPORT IN
MADHYAMAM DAILY DATED 25/8/2017
ANNEXURE C THE TRUE COPY OF THE RELEVANT PAGES OF THE TEXT
BOOK TITLED SRI AYYAPPANNUM VELUTHACHANUM
WRITTEN BY G.AMRUTHRAJ
ANNEXURE D A TRUE COPY OF THE NOTICE DATED 9/9/2017 ISSUED BY
CIRCLE INSPECTOR, MARARIKULAM
RESPONDENTS ANNEXURES: NIL
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/TRUE COPY/
K.V. P.S.TO JUDGE
B. KEMAL PASHA, J.
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Crl.M.C.No.6403 of 2017
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Dated this the 22nd day of February, 2018
ORDER
The petitioner is the accused in Crime No.1002/2017 of the Arthunkal Police Station, registered for the offence under Section 153-A IPC.
2. Heard the learned Senior Counsel for the petitioner and learned Additional DGP.
3. The learned Senior Counsel for the petitioner has pointed out that the petitioner has not formed the ideas of his own, whereas he has borrowed it from historical facts covered by two papers published by two writers of the Christian community. Presently, this Court cannot consider those aspects on merits. The present stage is too premature to consider those questions.
4. The issue involved is very delicate. If a proper investigation is not carried out and the true state of affairs are not brought out, it may kindle communal issues in the Crl.M.C.No.6403 of 2017 2 locality may create other serious problems. Not only in the locality, but also it can spread to the state or even the nation as a whole, when the Church involved has already been declared as a Basilica, where lakhs of people attend for worship. Let the matter be investigated into and let the truth come out.
4. The learned Senior Counsel has pointed out that the police has issued a notice under Section 41-A Cr.P.C. The learned Senior Counsel has advanced an apprehension on the part of the petitioner that the investigating officer wants to get the petitioner to produce his mobile phone for the purpose of investigation. The mobile phone of the petitioner is not required in order to investigate whether the petitioner had spread any such news item or matters through social media. There are other modes available for it. If the petitioner is compelled to produce the mobile phone, that will amount to self incrimination within the meaning of Article 20(3) of the Constitution of India, which is impermissible for carrying out an investigation. Crl.M.C.No.6403 of 2017 3
With liberty to the petitioner to challenge the final report in case of grievance, this Crl.M.C. is disposed of.
Sd/-
B.KEMAL PASHA, JUDGE sd