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2018 Supreme(Online)(KER) 55701

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
M.A. MOHAMMED ASHRAF – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.A.RAJASIMHAN

ORDER

1.This petition is filed under Section 438 of the Code of Criminal Procedure .

2.The petitioners herein are the accused Nos.1 and 2 in Crime No.1112 of 2016 of Kattoor Police Station, registered under Section 153(A) r/w Section 34 of IPC.

3.The petitioners herein is the Chairman and Teacher-in-

Charge of Head Mistress of Peace School, Mathilakam. The aforesaid School is affiliated to the Peace Educational Foundation, Kozhikkode, of which the 7th accused is the Managing Director. It is alleged that in furtherance of common intent of the accused, the foundation had prescribed text books under the name 'SHAMS' and 'QAMAR' to various classes for imparting education of the subject “Islamic Studies”. Those texts contain objectionable content which has a tendency to promote ill will between religious groups on the ground of religion. It is also alleged that the petitioners and the other accused engaged in acts prejudicial to the maintenance of harmony between different religious groups .

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent. They have no role in prescribing the curriculum. When they were informed that the text book contained ob

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