IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 6298 of 2007()
1. JABIR, S/O MOHAMMED,
... Petitioner
2. SANAL, S/O BALAN,
3. RAFI, S/O MUHAMMAD,
4. SHAMEEM, S/O HASSAN,
5. THAJUDHEEN, S/O ISMAYIL
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DY. SUPERINTENDENT OF POLICE,
For Petitioner :SRI.K.RAMAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :17/10/2007
O R D E R
R.BASANT, J.
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B.A.No.6298 of 2007
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Dated this the 17th day of October 2007
O R D E R
Application for regular bail. The petitioners are accused 1 to 5
in a crime registered for offences punishable inter alia under Section
308 I.P.C. The facts of the case are disturbing. It must persuade the
members of a refined and civilized community to hang their heads
down in shame. Two women, one of them pregnant, were suspected
to be involved in the commission of theft. A crowd of local people
allegedly attempted to deliver instant criminal justice, it is alleged.
They allegedly attacked the two women, attempted to outrage their
modesty by disrobing them allegedly to find out whether any stolen
property is hidden. It is further alleged that ignoring the cries of the
victims, one of whom was pregnant and one of whom was having a
child with her, they were beaten black and blue. They could be saved
ultimately only when the police party on information came to the
scene and tried to rescue them. They were taken to the local hospital.
They were admitted with injuries. One of them allegedly escaped
while she was undergoing treatment as in-patient. The incident
appears to have attracted media coverage. That helped the police to
easily proceed further in the investigation of the crime. Video
recordings of the events were available with a local videographer.
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The police have seized the same also. This had helped them
considerably in the conduct of the investigation. The police have
identified ten persons as the persons, who along with others,
constituted the unlawful assembly and indulged in the culpable overt
acts. The petitioners were arrested and produced before the learned
Magistrate on 8/10/2007. They continue in custody from that date.
Accused 6 to 10 are reported to be absconding. They are not
available for arrest.
2. The learned counsel for the petitioners submits that the
petitioners are absolutely innocent. The media appears to be playing
havoc. Because of the coverage by the sensation mongering media,
the police is compelled to act to satisfy the public outcry. In that
attempt, they are ignoring the facts and truth and making reckless
and wild allegations against the petitioners. In these circumstances,
it is prayed that the petitioners may be granted regular bail.
3. The learned counsel for the petitioners submits that in any
view of the matter, the allegation under Section 308 I.P.C is not
justified at all. The petitioners do not deserve to continue in custody
any longer. They may be released on bail subject to any appropriate
conditions, submits the learned counsel for the petitioner.
4. The learned Director General of Prosecutions, who has
himself appeared in this case, opposes the application. The learned
B.A.No.6298/07 3
Director General of Prosecutions submits that the allegations do
constitute an offence punishable under Section 308 I.P.C. A holistic
and exhaustive consideration of the materials is necessary. It is not
the actual injuries inflicted which can be reckoned as be all and end
all in a case like this at this early stage. The dangerous trend of
crowds taking law into their own hands and attempting to administer
instant criminal justice is raising its ugly head in the Kerala context
also. Refined societies and communities in which there is rule of law
must frown upon such attempts. Though such attempts may be
manifestation of the dissatisfaction of even the right thinking
members of the community against the inadequacy of the criminal
justice delivery system, such attempts deserve to be and must be
frowned upon. The attitude to the crime shown in this case must
emphatically convey that a refined society must not and shall not
tolerate this. The learned Director General of Prosecutions in these
circumstances prays that the petitioners may not be granted bail at
this stage. There is nothing at the moment to conclude that the
offence under Section 308 I.P.C is not made out. The nature of the
attack, the nature of injury suffered, the manner in which the victims
were saved of further damage, must all be borne in mind by the court
while deciding the question whether at this stage can be inferred that
the offence under Section 308 I.P.C has been committed, submits the
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learned Public Prosecutor.
5. At this early stage of investigation, I shall not embark on a
detailed and hairsplitting discussion as to whether the allegations are
acceptable and whether the data collected are credible. While
considering an application for regular bail, the court has to advert to
various circumstances. The nature and gravity of the offence alleged,
the abhorrence with which the civilized society views the crime, the
stage of investigation, the quantum and quality of the data collected
must all be taken into account. Suffice it to say that on an anxious
consideration of all the relevant inputs, I am satisfied that the
petitioners are not entitled to be enlarged on bail at this stage.
6. The disapproval of this court against the nature of the
crime must get reflected in the order passed. I take the view that the
petitioners are not entitled for bail at this stage.
7. In the result, this petition is dismissed. However, I may
hasten to observe that the petitioners shall be at liberty to move this
court for bail again at later stages of the investigation not, at any
rate, prior to 26/10/2007. I expect the investigating officer to
expeditiously complete the investigation.
(R.BASANT, JUDGE)
jsr
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B.A.No.6298/07 6
R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007