Kerala High Court Denies Bail To Man Who Injures Two Policemen When Questioned For Not Wearing Mask:

Justice K Haripal while condemning the act of the applicant observed that he was not eligible to be released on bail considering the nature of his offence and the fact that one of the police officials sustained very serious injuries.

The incident happened on 1^st June when the applicant Sulaiman was apprehended by Station House Officer for being in a public place without wearing a mask, thereby contravening the Covid protocol prevailing in the State.

The prosecution alleged that upon being questioned, the applicant physically abused the SHO and attacked him with a stone. When the accompanying Civil Police Officer tried to intervene, the applicant attacked him on the head as well.

The applicant was arrested after this assault and charged under Section 307 of IPC since the officers were in severely injured.

Adv. N.K Shyju submitted on behalf of the applicant that he was entitled to the benefit of Section 84 IPC for the reason that he was under medication for dipolar disease. He also submitted that when found in a public place without a mask, the police officers had manhandled him.

Public Prosecutor Archana Mithran appeared for the State and vehemently objection to his release on bail citing that he had caused grave injuries to the police officials on duty and pointed out that he has criminal antecedents. If released on bail, the prosecution was apprehensive of the applicant being a threat to the peace and tranquility of the area.

The court while denying bail to the applicant held that if he exhibits symptoms of mental disability, the Jail Superintendent will extend the essential medical aid.

Title: Sulaiman v. State of Kerala