The two had allegedly put up slogans against the Prime Minister and the police in 2019 while demonstrating in support of a Maoist leader who is stated to have died after a police encounter
By: Surbhi Kumari, Amity University, Patna
The Madras High Court on Friday granted bail to two men who stood accused of sedition and offences under the Unlawful Activities (Prevention) Act (UAPA) and who were arrested after they raised slogans against Prime Minister Narendra Modi and the police.
Facts of the case
There were two petitioners who were part of a group which reportedly raised such slogans in support of a Maoist leader who had died after a police encounter. The case of the prosecution was that all the petitioners are supporters of a banned moist organisation. When the husband of A1, in this case, died (allegedly in the police encounter), in support of the deceased, all the petitioners raised slogans honouring the deceased and also abused the Hon’ble Prime Minister and police personnel.
The 1st and 2nd petitioners were detained and remanded to judicial custody under Sections 188, 120(b),121,121(A),124(A) IPC and Sections 10, 13, 15, 18 of the Unlawful Activities (Prevention) Act, 1967, in Crime No.14 of 2020.
Hence, a criminal case was registered against all the petitioners. Now, seeking bail, they moved before the High Court.
Submission by the petitioner
Mr.R. Sankarasubbu, Lawyer appearing for petitioners had submitted that the incident had occurred in the year 2019 and the only allegation is that all the petitioners have raised slogans for the honour of the deceased, who is husband of A1 in this case.
It was said that they had raised slogans against the Government and absolutely, there is no allegation of any violence.
He also submitted that the main accused A1 and others were already released on bail and the petitioners are in jail for more than 45 days. Hence, he prayed to grant bail to the petitioners.
Submission by the respondent
Mrs. M. Prabhavathi, Additional Public Prosecutor appearing on behalf of the respondent strongly opposed this petition on the ground that all the accused are supporters of a banned moist organisation and on 11.02.2019, on the death of one moist leader, the petitioners had raised slogans against the Government and abused Government officials and others. Hence, a criminal case had been registered against the petitioners. She submitted that the other arrested accused were released on bail. Hence, she opposed grant of bail to the petitioners.
Justice M Dhandapani granted bail after noting:
The period of incarceration already undergone by the bail applicants and on considering the period of incarceration suffered by the petitioners, Court is inclined to grant bail to the petitioners subject to the following conditions:
The petitioners are ordered to be released on bail on his executing a bond for a sum of Rs.10,000/ with two sureties, of one should be a blood related surety, each for the satisfaction of the Principal Sessions Judge, Salem and on further condition that:
(a) The sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card to ensure their identity.
(b) The petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;
(c) The petitioners shall not manipulate with evidence or witness either during investigation or trial;
(d) The petitioners shall not escape during investigation or trial;
(e) On breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Trial Court himself as laid down by the Hon’ble Supreme Court in P.K.Shaji Vs. State of Kerala1
(f) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
- AIR SCW 5560