Latheef s/o Moideenkutty & others v. The State of Kerala & The Sub Inspector of Police, Pandikkad Police Station, Malappuram District
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. Bhavadasan
- Judgment Date
- 2015-12-23
- Court Decision / Holding
- This petition is disposed of as follows: Petitioners, except petitioners 2 and 15, shall surrender before the Investigating Officer on or before 11-01-2016, who after interrogation shall produce them before the JFCM court concerned, which shall release them on bail on each of them executing a bond of ₹25,000 with two solvent sureties for the like sum. The court shall verify the identity of sureties and the veracity of tax receipts before granting bail. Petitioners shall appear before the IO every Wednesday between 9.00 am and 11.00 am until further orders and shall not tamper with evidence or influence witnesses. If any condition is violated, bail shall stand cancelled. Petitioners 2 and 15 shall surrender on or before 11-01-2016, whereafter they shall be produced before the JFCM Court for bail consideration under law, preferably on the date of surrender, in view of Shanu v. State of Kerala (2000(3) KLT 452).
- Final Disposition
- Bail granted in part. Petitioners other than 2 and 15 are directed to surrender and be released on bail with bonds and conditions; petitioners 2 and 15 to surrender by 11-01-2016 and then seek bail from the JFCM Court, preferably on surrender date, following Shanu v. State of Kerala. The court emphasizes adherence to conditions, no tampering, and ongoing reporting to the IO until further orders.
Parties to the Case
Appellants / Petitioners
- Latheef s/o Moideenkutty
- Muhammed Riyas s/o Abdul Azeez
- Mujeeb Rahiman s/o Abdu Rahiman
- Ali Akbar s/o Hassan Moyin
- Muhammed s/o Moosa Musliyar
- Muhammed Shareef s/o Usman
- Jaleel s/o Abu Haji
- Noushad s/o Muhammed
- Subair s/o Abdu Rahiman
- Alavi s/o Aboobacker
- Aiyanattu Salam s/o Muhammed
- Siraj s/o Muhammed Moula vi
- Mujeeb Rahman s/o Khader
- Mujeeb s/o Moyin
- Siddique s/o Muhammed
Respondents
- The State of Kerala
- The Sub Inspector of Police, Pandikkad Police Station, Malappuram District
Legal Representation & Advocates
Counsels for Petitioners
- • Babu S. Nair
Counsels for Respondents
- • Public Prosecutor V. S. Sreejith
Case Synopsis & Summary
The High Court of Kerala at Ernakulam heard Bail Application No. 7894 of 2015 on 23 December 2015 arising from Crime No. 874/2015 of Pandikkad Police Station. The petitioners, 15 accused named in the bail petition, face multiple offences under IPC sections 143, 147, 148, 447, 341, 354, 323, 324, 294(b) and 506(i) read with Section 149 IPC, along with Sections 3(i)(x) & (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The petitioners contended that the atrocity provisions, even if triggered by utterances by one or two persons, cannot automatically be applied to all accused under Section 149 IPC, and that Section 149 liability is incorrectly broad. They argued the SC/ST Act was invoked to thwart bail and noted the alleged incident involved two factions after a local panchayat election, with the first crime (873/2015) rooted in mutual factional conflict rather than a sole atrocity. The Public Prosecutor opposed bail, highlighting Section 18 of the SC/ST Act, which can preclude anticipatory bail. After hearing, the court held that utterances attracting the SC/ST Act can be attributed only to responsible individuals; Section 149 cannot indiscriminately bind all present. The petition was disposed with conditional surrender orders for most petitioners, and separate surrender/directive for petitioners 2 and 15, with guidance to consider bail under Shanu v. State of Kerala (2000(3) KLT 452).
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners submit that the invocation of the SC/ST (POA) Act provisions must be anchored to the utterer(s) and cannot automatically fix liability under Section 149 against all accused, particularly where most offences are minor. They contend that Section 3(1)(x) & (xi) would apply only to those who uttered the words, and not to every member of the assembly. They argue the Act was invoked to deny bail and point to the context of factional clashes following a local election, where a mutual fight occurred. They urge for bail with appropriate conditions, noting that any breach should attract consequences; A9 is not a party to the petition and the allegations against A2 and A6 are limited. They rely on Shanu v. State of Kerala to guide bail considerations and emphasize the need for individualized assessment rather than blanket application of Section 149.
Contentions of Respondents
The State/Public Prosecutor contends that offences under the SC/ST (POA) Act are included, and under Section 18 of the Act, anticipatory bail is precluded. Given the alleged atrocity-like conduct in a factional clash following elections, the State argues that the accused are liable for serious offences and that the presence of 3(1)(x) & (xi) indicates heightened scrutiny. The inclusion of Section 149 is argued to reflect collective accountability in the assembly or procession. The court must consider the possibility of malice and the need to preserve evidence, maintain public order, and prevent intimidation of witnesses; therefore, bail should be denied or tightly restricted until investigation culminates.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Shanu v. State of Kerala | 2000(3) KLT 452 | Mentioned Only | Cited as authority for bail considerations and guidance on surrender timing, not as a direct proposition of the present case. |
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