IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4793 of 2004(U)
1. SUNIL, S/O. SUKUMARAN NAIR,
... Petitioner
2. REGHUNATHA, S/O. VELAYUDHAN
3. DR. RAMACHANDRAN MOKERI,
4. SUMESH, S/O. BALAN, PATHAYIL VEEDU
5. PRABALAN, S/O. ACHUTHAN,
6. ROY, S/O. GOVINDAN, KADAYIL VEEDU,
7. PRADEEPAN, S/O. MURALEEDHARAN
8. VINAYAN, S/O. VELAYUDHAN,
9. SUNILKUMAR, S/O. SOMAN,
10. BAIJU, S/O. AYYAPPAKUTTY,
11. SANDEEPKUMAR, S/O. KRISHNAKUMAR
12. ANANDAN, S/O. KUTTAPPAN,
13. SATHISH, S/O. DHARMAN, MANNATH VEEDU,
14. SANTHOSH, S/O. KUTTAPPAN,
15. RAJESH NAVATH, S/O. KARUNAN,
16. VIJESH, S/O. VIJAYAN,
17. SUNIL, S/O. VASU, AMBAKKATT VEEDU,
18. SATHYABHAMA, D/O. RAMAN NAMBOODIRI
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE CIRCLE INSPECTOR OF POLICE,
3. THE SUB INSPECTOR OF POLICE,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :16/03/2009
O R D E R
HARUN-UL-RASHID, J
- - - - - - - - - - - - - - - - - - - - - - -
W.P(C)No. 4793 of 2004
- - - - - - - - - - - - - - - - - - - - - - -
Dated this the 16th day of March, 2009
J U D G M E N T
The petitioners herein are accused No. 1 to 18 in Crime No.
609 of 2003 of Thrissur East Police Station and S.T. No. 3997 of
2003 on the file of the Judicial First Class Magistrates Court-I,
Thrissur. The offences alleged in S.T. No. 3997 of 2003 are
under Sections 143, 147, 188, 283, 290 read with 149 IPC and
Section 38 read with 52 of the Kerala Police Act.
2. Out of 18 petitioners, 9 petitioners are degree and Post
Graduate students of School of Drama and Fine Arts. The
petitioner No.3 is the Assistant Director, School of Drama & Fine
Arts, University of Calicut and Head of the Department. The
other accused are members of one dramatical group, which is a
theatre organisation which usually associates with the academic
activities of the School of Drama and Fine Arts. According to
the petitioners, they have suggested theatre performance as part
of the academic activities in tune with the syllabus that they had
not committed any offence under IPC or Police Act and therefore
the registration of crime as against the accused is illegal. They
W.P(C)No. 4793 of 2004 -2-
have also submitted that the theatre performance in the title
“Freedom 2003” was performed on the day of National
Independence by the Forum for Peoples’ Theatre Culture that
their performance never intended to commit any offence under
either IPC or Police Act. Therefore the prosecution under Ext.P3
FIR is liable to be quashed. It is submitted that the registration
of a crime by the police is on the basis of wrong understanding of
what had taken place in fact the group was performing a trial
and never intended to cause any nuisance to the public or
offends the provision of any Act cannot be proceeded alleging in
various activities. Ext.P1 is the syllabus followed by the students
of School of Drama since they were performing a drama titled as
“Freedom 2003”. The assembly is not unlawful. Therefore
Sections 143 and 147 cannot be attracted. Moreover, the Act
taken cannot constitute any offence at all under IPC as well.
Therefore registration of Ext.P3 FIR is illegal and if the
prosecution is permitted to continue, petitioners who are law
abiding citizens will be put to serious hardships.
3. After hearing the learned counsel for the petitioner and
learned Government Pleader, I am of the view that the Professor
W.P(C)No. 4793 of 2004 -3-
of the School of Drama and the students who are arrayed as
accused and other performers shall be let free from prosecution.
Accepting the contention of the petitioners that the act
committed by them is as part of the play title “Freedom 2003” on
15th August 2003 and that the same forms part of the curriculum
and academic activities, I quash Ext.P3 FIR.
The writ petition is allowed.
HARUN-UL-RASHID
JUDGE
rhs