The Kerala High Court on Thursday directed UDF convener P P Thankachan to surrender within 10 days before the Ernakulam Judicial First Class Magistrate Court in a case related to obstruction to free passage of the public and vehicles.
Justice Harun-Ul-Rasheed passed the order and directed the JFCM to consider and pass an appropriate order on the bail application, if any, filed by P P Thankachan on the date of surrender itself with prior notice to the
Assistant Public Prosecutor.
The court passed the order while disposing of a petition filed by Thankachan.
The prosecution case is that around one lakh persons had formed an unlawful assembly on November 19, 2003, in Kochi to celebrate the birth anniversary of former Prime Minister Indira Gandhi and caused an
obstruction to the free passage of the public and vehicles.
Thankachan is the first accused in the case registered at Ernakulam Town North police station and the charges against him are under Section 143 (member of an unlawful assembly), 147 (rioting), 188 (disobedience to order duly promulgated by public servant) and 283 (danger or obstruction in public way or line of navigation) of the IPC.
The petitioner submitted that the accused, who were facing trial in the case, were acquitted by the court on
October 30 and the case against other accused, including Thankachan, was split up.
Thankachan submitted that he is ready and willing to appear before the Magistrate Court and seek bail.
He had made arrangements to appear before the Judicial First Class Magistrate Court-II on November 4 itself and move for bail.
However, it is understood that the presiding officer of the Judicial First Class Magistrate Court was following the practice of not considering bail plea submitted by an accused against whom non-bailable arrest warrant is pending in re-filed cases.
Hence, he had to return without appearing before the Magistrate.
Thankachan submitted that the offences alleged against him are bailable.