IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5133 of 2010()
1. JAFFAR, S/O. MEERA, PARUTHIKKATTUKUDY,
... Petitioner
2. SHAJEER, S/O. HAMSA, AYYARUKUZHI
Vs
1. THE SUB INSPECTOR OF POLICE,
... Respondent
2. THE CIRCLE INSEPCTOR OF POLICE,
3. STATE REP. BY PUBLIC PROSECUTOR,
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/09/2010
O R D E R
V. RAMKUMAR, J.
...............................................
Bail Application Nos. 5133
5144and2010
of
.................................................
Dated: 24th September, 2010
ORDER
B.A. 5133 of 2010 is by accused Nos. 1 and 6 and B.A. 5144
of 2010 is by 8th accused in Crime No. 704 of 2010 of
Muvattupuzha Police Station for offences punishable under
Sections 143, 147, 148, 120 B , 323, 324, 326, 341, 427, 506 (ii) ,
307, 153 A , 201, 202 and 212 read with Sec. 149 I.P.C., and Sec.
3 of the Explosive Substances Act, 1908 and Sec. 15 read with
Sec. 16, 18, 18 B, 19 and 20 of the Unlawful Activities
(Prevention) Act, 1967. A1 was arrested on 4-7-2010, A6 was
arrested on 9-7-2010 and A8 was arrested on 12-7-2010.
2. The occurrence took place at about 8 a.m. on 4-7-
2010 which was a Sunday. According to the prosecution
Bail Application Nos. 5133
and 5144 of 2010
:2:
pursuant to the criminal conspiracy hatched by the leaders and
activists of the Popular Front of India (P.F.I. for short) and its
political wing called Social Democratic Party of India (SDPI for
short), seven identifiable persons formed themselves into an
unlawful assembly armed with deadly weapons like hatchet ,
chopper and explosives etc. came in a Maruti Omni Van affixing
a false registration number and intercepted a WagonR car in
which a Professor of Newman College, Thodupuzha by name
T.J. Joseph, his sister who is a nun and mother and assaulted
the Professor, his sister and mother while they were returning
home after attending the Sunday Mass at Nirmala Matha Church.
The right palm of the said Professosr was chopped off in the
occurrence. The alleged motive for the assault is stated to be
the incorporation by Professor Joseph of a question ridiculing
Prophet Mohammed and the Islam Religion in a question paper
set for the internal examination in Malayalam for the B.Com.
Bail Application Nos. 5133
and 5144 of 2010
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Degree Course in Newman College.
3. I heard Adv. Sri. T.G. Rajendran, the learned counsel
appearing for the petitioners and Adv. Sri. P.N. Sukumaran, the
learned Addl. Director General of Prosecution.
4. The learned counsel for the petitioners made the
following submissions before me:-
Eventhough A1 did not participate in the assault on the
Professor, what is stated in Annexure – II remand report dated
10-7-2010 pertaining to A6 is that A1 to A6 were the
assailants. In the common order dated 22-7-2010 passed by
J.F.C.M. Muvattupuzha also A1 to A6 are stated to be the
assailants. Except the alleged confession by A1 a co-accused ,
there is no material against A6 . Even after the lapse of 80 days
of the occurrence the prosecution has not revealed the actual
role played by A1 and A6. In the case of A8 who resides at
Aluva, even assuming the prosecution case is true , A37 who was
having an injury on his back was treated by A9 (Dr. Reneef ) in
the house of A8. That by itself cannot connect A8 with the
occurrence resulting in the assault on the Professor or the
Bail Application Nos. 5133
and 5144 of 2010
:4:alleged criminal conspiracy.
6. I am afraid that I cannot agree with the above
submissions made on behalf of the petitioners. A1 (Jaffer) aged
29 years is the Secretary of S.D.P.I. , Nellikkuzhy Panchayath.
He participated in the conspiracy for attacking Professor Joseph.
He made an unsuccessful attempt to transfer to A2 (Ashraf) the
Maruti Omni Van used by the assailants after causing
disappearance of the evidence by breaking the fake number
plate on the vehicle. The white Omni Van was intercepted by
the Sub Inspector of Police , Perumbavoor at 9.25 hours on 4-7-
2010 while checking vehicles at Vattakkattupady on the
Moovattupuzha -Perumbavoor road after all the police stations
were alerted by the authorities . A1 was driving the Omni Van .
A thorough examination of the van revealed blood inside and
outside the van and pieces of broken glasses inside the van.
7. It is true that in the remand report dated 10-7-2010 ,
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and 5144 of 2010
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it is mentioned that A1 to A6 were the assailants of Professor
Joseph. But actually the said statement is a mistake and A1 to A6
were really projected as members of the criminal conspiracy.
As a matter of fact, the seven assailants who came in the Maruti
Omni Van were A14, A27, A28, A37, A49, A50 and A51 . The
case diary files clearly revealed this fact and this Court while
disposing of the Bail Applications of A7, A10 to 13 and A15
and A16 on 8-09-2010 had occasion to consider the merits of
the case in detail . (Vide Kamarudheen v. S.H.O.
Muvattupuzha Police Station – ILR 2010 (3) Kerala 870).
8. A6 Shejeer @ Sajeer aged 28 years is the Secretary
of P.F.I. , Eramam South . He had also participated in the
criminal conspiracy to attack Professor Joseph. He had given a
SIM card (9037220974) taken in the name of Kamarudheen (A7)
to Kasim (A17) for the use of M.K. Nassar (A5) who was the
master mind behind the attack on the Professor. A6 had
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and 5144 of 2010
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assisted A5 in the operations and had concealed all details
from the police .
9. A8 (Abdul Salam) aged 52 years is the Secretary of
P.F.I. , Aluva Division. He had also participated in the criminal
conspiracy to attack the Professor . He had given financial and
other help to the accused persons. He had made secret
arrangement for the treatment of A37 (Savad) who was injured
at the hands of Mithun the son of Professor Joseph in the course
of the attack on the Professor. A5 had made frequent calls to A8
in his mobile phone (9446935639) informing him about the
need for treating A37. A8 was voluntarily and knowingly
providing shelter to A37 and A14 who were two of the assailants
of Professor Joseph. A5 and A17 brought A9 (doctor) to the
house of A8 at Aluva. It was from there that A9 sutured the
wound on the back of A37 under local anesthesia. Thereafter A8
gave his own Scorpio car for A14 and A37 to escape. A37 is
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and 5144 of 2010
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still absconding.
10. There is no change of circumstance in the case after
this Court pronounced the common order in the decision
reported in ILR 2010 (3) Kerala 870. All the reasons
mentioned by this Court for dismissing the bail applications of
the co-accused still hold good as against the petitioners as well.
I, therefore, do not find any good ground to enlarge the
petitioners on bail. These applications are accordingly dismissed.
Dated this the 24th day of September, 2010.
V. RAMKUMAR, JUDGE.
ani/
Bail Application Nos. 5133
and 5144 of 2010
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Bail Application Nos. 5133
and 5144 of 2010
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