Lookman Pallikandi vs State Of Kerala

This appeal is filed against an order passed by the court of sessions, Thalassery in Crl.M.C.No.633/2019 relating to Crime No.103/2019 of Aralam Police Station. An application for bail submitted by the accused had been rejected by the Sessions Court inter alia observing that the accused is not entitled to be released on bail at the present stage. It is submitted that the crime came to be registered based on the fact that a few posters were noticed by the Sub Inspector of Police, Aralam Police Station on 19.3.2019 which according to him indicate that it was published and affixed by a banned organisation and the contents reflect sedition as well as the offences under the Unlawful Activities (Prevention) Act. The appellant/accused in the case was arrested on 20.3.2019 and since then he is in judicial custody. The main contention urged by the counsel for the appellant is that even going by the averments in the First Information Report no case is made out for invoking either sedition or any of the provisions of Unlawful Activities (Prevention) Act. That apart it is submitted that though the accused was arrested and the investigation is in progress absolutely no materials have been collected by the Investigating Officer and unnecessarily the appellant is being detained in custody.

We heard the learned Public Prosecutor who submits that the investigation is in progress. He also submits that, there is strong apprehension by the Investigating Agency that the above intention of the accused is to commit anti-national activities and the posters have been published in support of a banned organisation.

Having heard the learned counsel on both sides and having perused the records, we are of the view that the accused had been arrested on 20.3.2019 and he had been in judicial custody. The investigation is in progress. Apparently this is a case where the Sub Inspector of Police had registered a crime based on a few posters that were seen affixed in a locality. The question whether the said posters reflect sedition or amount to any violation of the provisions of Unlawful Activities (Prevention) Act, requires consideration of the merits involved in the case. As matters stand now, a person has been in judicial custody for the last two months and since the investigation is still in progress, his presence may not be required as such for the purpose of investigation. Under such circumstance, it is only appropriate to release him on bail, but on conditions. Accordingly this appeal is allowed. The appellant shall be released on bail on the following conditions:-

That the appellant shall execute a bond for an amount of Rs.1,00,000/-(Rupees one lakh only) with two sureties for the like sum before the Sessions Court, Thalassery.

That he shall report before the Dy.S.P., who is conducting investigation in the matter on every Monday at 10 a.m.

That he shall not involve in any other crime during the pendency of the above case and, if so, it shall be open for the Prosecutor to seek for cancellation of bail.

That the appellant shall surrender his passport before the Sessions court, Thalassery. If he does not have any passport, he shall file an affidavit to that effect before court.