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2022 Supreme(Online)(KER) 15331

HIGH COURT OF KERALA
ZIYAD RAHMAN A.A., J
SURESH KUMAR T.M., RAJESH. R. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SAJITH KUMAR V., J.VISHNU VIVEK A.V., GODWIN JOSEPH PRANAV PRADEEP
For the Respondents: C.S.Hrithwik

Table of Content
1. accused charged with criminal offences. (Para 1 , 2)
2. issues regarding cognizance under section 188 ipc. (Para 4 , 5 , 6 , 7)
3. unlawful assembly definitions and requirements. (Para 8 , 9)
4. principles of trivial harm and section 95 ipc. (Para 10 , 11 , 12)
5. prosecution quashed as abuse of process. (Para 13)

ORDER

The petitioners are accused Nos. 27 and 1 in Crime No.21 of 2018 of Sannidhanam Police Station, which is now pending as S.T.No.435 of 2019 before the Gramanyayalaya, Ranni. The offences alleged against the petitioners are under Sections 143, 144, 147, 353, and 188, read with Section 149 IPC .

2. The prosecution case is that the accused persons, along with several other persons, formed an unlawful assembly near Sabarimala Sannidhanam at 10:30 P.M on 18.11.2018 with the intent to protest against the judgment of the Hon’ble Supreme Court permitting entry of women to the holy shrine. It was further alleged that the accused persons sat in protest on the concrete staircases and pathway near the Sannidhanam Police Station, chanting religious/spiritual slogans hailing Lord Ayyappa and thereby disobeyed the prohibitory orders passed by the District Collector. An

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