Petitioner is the 24th accused in Crime No.915 of 2013 of the Thamarassery Police Station for the offences punishable under Sections 143, 145, 147, 148, 152, 450 and 436 r/w Section 149 of the Indian Penal Code, Section 3(1) of the P.D.P.P. Act, apprehends arrest and has filed the application.
2. Learned Public Prosecutor has opposed the application. It is submitted that on 15.11.2013 at about 10.30 a.m., an unlawful assembly consisting of the petitioner as well, while protesting against the Kasturirangan report set fire to the forest office at Thamarassery and caused loss of around Rs.77 lakhs. It is submitted that the office furniture, computers, medicinal herb, vehicles of the forest department, the building, etc were damaged. It is also submitted that video clippings of the incident were taken and produced before the jurisdictional magistrate.
3. Learned counsel submits that the allegations are not true. According to the learned counsel, the petitioner is a B.A.No.2843 of 2014 2 Panchayath member from a different place and resides elsewhere. It is submitted that the petitioner belongs to the CPI(M) which is supporting the Kasturirangan report. Hence there was no possibility of the petitioner being a member of the unlawful assembly. A further argument is that the petitioner has no land coming within the ambit of the report. Hence the petitioner could not also be personally aggrieved. According to the learned counsel, the petitioner happened to be at the place of the occurrence at the relevant time. He was holding his mobile phone which was mistaken by the Police as some weapon.
4. Having regard to the nature of allegations made against the petitioner, the investigation required to be done and considering the magnitude of the offence alleged, request for pre-arrest bail cannot be allowed as that might affect the investigation.
Application is dismissed.
Sd/-
THOMAS P. JOSEPH, JUDGE.
AS /True Copy/ P.A. to Judge