TMI Blog2011 (1) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... ng period may end up like Dr. Manette in Charles Dicken's novel `A Tale of Two Cities', who forgot his profession and even his name in the Bastille - appeal dismissed - decided against Revenue. - CRL.A. 3 OF 2011 - - - Dated:- 3-1-2011 - Markandey Katju, Gyan Sudha Misra JJ. JUDGMENT 1. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant has filed this appeal challenging the impugned order of the Kerala High Court dated 17.9.2010 granting bail to the respondent, Dr. Raneef, who is a medical practitioner (dentist) in Ernakulam district in Kerala, and is accused in crime no.704 of 2010 of P.S. Muvattupuzha for offences under various provisions of the I.P.C., the Explosive Substances Act, and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 43D(5) of the Unlawful Activities (Prevention) Act, 1967 which states that the accused shall not be released on bail if the Court, on perusal of the case diary or the report under Section 173 Cr.P.C. is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. 8. On the other hand, the case of the respondent as disclosed in the counter affidavit filed before us is that even according to the prosecution case the respondent was not one of the assailants, and he is not named in the FIR. In para 13 of the counter affidavit the respondent has stated that the attack on Prof. Jacob is a crime which is to be condemned. However, as a pretext to the investigation the police ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al surgeon, are working in the said hospital. The respondent has a son aged 9 years and daughter aged 5 years. He claims that he has a very good reputation and is loved by all due to the services rendered by him to the poor and needy. The respondent's elder sister is a post graduate in zoology, and his younger sister is a law graduate. The book entitled `Jihad' said to have been found in his house was a Malayalam translation of a book written in Urdu in 1927 by a well known and respected religious scholar, Maulana Sayyid Abul Ala Mandoodi and has been in circulation for 83 years, and is available in many book shops. 11. The respondent has alleged that he has been falsely implicated only because he medically treated one of the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As regards the allegation that the respondent belongs to the PFI, it is true that it has been held in Redaul Husain Khan vs. National Investigation Agency 2010 (1) SCC 521 that merely because an organization has not been declared as an `unlawful association' it cannot be said that the said organization could not have indulged in terrorist activities. However, in our opinion the said decision is distinguishable as in that case the accused was sending money to an extremist organization for purchasing arms and ammunition. That is not the allegation in the present case. The decision in State of Maharashtra vs. Dhanendra Shriram Bhurle 2009(11) SCC 541 is also distinguishable because good reasons have been given in the present case by the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nization infringes unnecessarily on protected freedoms. It rests on the doctrine of `guilt by association' which has no place here. In Joint Anti-Fascist Refugee Committee vs. McGrath 341 US 123 at 174 (1951) Mr. Justice Douglas of the U.S. Supreme Court observed : In days of great tension when feelings run high, it is a temptation to take shortcuts by borrowing from the totalitarian techniques of our opponents. But when we do, we set in motion a subversive influence of our own design that destroys us from within. We respectfully agree with the above decisions of the U.S. Supreme Court, and are of the opinion that they apply in our country too. We are living in a democracy, and the above observations apply to all democrac ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
