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Kerala
Court Proceedings:2015
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Date
Incidents
January - 14 
The District Court at Palakkad on January 14 directed the prosecution to submit solid documents or findings, if any, by January 20 to substantiate the police charge against two college students that they formed part of a Maoist outfit, reports The Hindu. The students were arrested on charges of atta
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The District Court at Palakkad on January 14 directed the prosecution to submit solid documents or findings, if any, by January 20 to substantiate the police charge against two college students that they formed part of a Maoist outfit, reports The Hindu. The students were arrested on charges of attacking outlets of KFC and McDonald’s in Palakkad in the last week of December.
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January - 27 
The Palakkad Principal Sessions Court on January 27 rejected the bail application of two suspected Communist Party of India-Maoist (CPI-Maoist) cadres arrested on the charges of attacking a multi-national food joint, reports The New Indian Express. The Court observed that providing bail will adverse
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The Palakkad Principal Sessions Court on January 27 rejected the bail application of two suspected Communist Party of India-Maoist (CPI-Maoist) cadres arrested on the charges of attacking a multi-national food joint, reports The New Indian Express. The Court observed that providing bail will adversely affect the ongoing investigation.
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February - 26 
Kerala State Government on February 26 informed the High Court that the Communist Party of India-Maoist (CPI-Maoist) had plans to attack government institutions and individuals through its Urban Action Team, reports The Hindu. The State Government made the submission when petitions by Jaison C. Coop
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Kerala State Government on February 26 informed the High Court that the Communist Party of India-Maoist (CPI-Maoist) had plans to attack government institutions and individuals through its Urban Action Team, reports The Hindu. The State Government made the submission when petitions by Jaison C. Cooper of Fort Kochi and advocate Thushar Nirmal Sarathi of Palakkad seeking bail in a case registered against them under the provisions of the Unlawful Activities (Prevention) Act for their alleged links with Maoists came up for hearing. While opposing the bail petitions, Director General of Prosecution (DGP) T. Asaf Ali submitted that the government was more concerned about the safety of the public. If the petitioners were released on bail, the public would be in danger. He submitted that the petitioners were active members of the CPI-Maoist.
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March - 3 
The Kerala High Court on March 3 dismissed the bail pleas of Thushar Nirmal Sarathy and Jaison C Cooper, who allegedly belong to a Communist Party of India-Maoist (CPI-Maoist) front organisation and were behind the attack on NHAI office in Kochi, reports The Times of India. Turning down the bail ple
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The Kerala High Court on March 3 dismissed the bail pleas of Thushar Nirmal Sarathy and Jaison C Cooper, who allegedly belong to a Communist Party of India-Maoist (CPI-Maoist) front organisation and were behind the attack on NHAI office in Kochi, reports The Times of India. Turning down the bail pleas, justice B Kemal Pashad held that the contents of the case diary prima facie reveal their complicity and the matter requires thorough and continued investigation. Considering the seriousness of the allegation and the present stage of investigation, it is premature to grant bails now, the court said.
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March - 17 
The Kerala High Court on March 17 granted bail to Thushar Nirmal Sarathy and Jaison C Cooper, who allegedly belong to a Communist Party of India-Maoist (CPI-Maoist) front organization, reports The Times of India. Sarathy and Cooper, who were arrested after the attack on National Highway Authority of
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The Kerala High Court on March 17 granted bail to Thushar Nirmal Sarathy and Jaison C Cooper, who allegedly belong to a Communist Party of India-Maoist (CPI-Maoist) front organization, reports The Times of India. Sarathy and Cooper, who were arrested after the attack on National Highway Authority of India’s (NHAI) Kochi office, were later released from Kakkanad District jail on March 17. A division bench comprising justices KT Sankaran and Babu Mathew P Joseph granted conditional bails after prosecution informed that their continued detention is not warranted. Though they had sought bails earlier, a single bench of the court had declined their request after the prosecution had opposed the pleas saying that investigation was at an early stage. The CPI-Maoist is offering money, liquor and ganja to tribals to do favours for them, reports The New Indian Express on March 18. Maoists are shedding their ideologies to woo the tribals living in the forests of Kerala, if reports are to be believed.
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April - 22 
The National Investigation Agency (NIA) on April 22 filed a charge sheet against five persons, including a former scientist at the Indira Gandhi Centre for Atomic Research, Kalpakkam, in a case relating to a secret meeting of the Revolutionary Democratic Front (RDF), a front organisation of the Comm
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The National Investigation Agency (NIA) on April 22 filed a charge sheet against five persons, including a former scientist at the Indira Gandhi Centre for Atomic Research, Kalpakkam, in a case relating to a secret meeting of the Revolutionary Democratic Front (RDF), a front organisation of the Communist Party of India-Maoist (CPI-Maoist), at Mavelikara in Alappuzha District of Kerala in December 2012, reports The Hindu. The accused in the charge sheet, filed at the NIA special court Kochi, were identified as Rajesh Madhavan (34) of Mavelikara; Bahuleyan (50) of Chirayinkeezh, Thiruvananthapuram; Devarajan (50) of Mayyanad, Kollam; Ajaya Kumar alias Ajayan of Muvattupuzha; and Gopal (52) of Rajilpakkom, Chennai. Gopal is a former scientist with Kalpakkam atomic research centre.
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May - 8 
The Special Court for National Investigation Agency (NIA), Ernakulam in Kerala on May 8 sentenced 10 convicts in the sensational palm chopping case to 8 years of rigorous imprisonment and three others have been sentenced to two years of rigorous imprisonment, reports The New Indian Express. Earlier,
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The Special Court for National Investigation Agency (NIA), Ernakulam in Kerala on May 8 sentenced 10 convicts in the sensational palm chopping case to 8 years of rigorous imprisonment and three others have been sentenced to two years of rigorous imprisonment, reports The New Indian Express. Earlier, on April 30 the Court had found 13 persons guilty of various charges including terrorism and criminal conspiracy in the cases related to the chopping of the palm of T J Joseph, a professor with the Newman College in Thodupuzha in Idukki District by the activists of radical outfit Popular Front of India (PFI). Those awarded 10-year rigorous imprisonment were found guilty under various sections of Unlawful Activities [Prevention] Act (UAPA), along with different sections of the Indian Penal Code (IPC) and Explosive Substances Act. The rest three were convicted for offences under IPC. The court also imposed a fine of INR 8 lakh on the 13 convicts which will be given to the victim, professor T J Joseph. There are 54 accused persons in the case, of which 37 were charge-sheeted by the NIA. As many as 31 persons have undergone trial, and six accused are absconding The incident happened on July 4, 2010, when Prof T J Joseph was returning home with his family after attending the Sunday Mass. A six-member gang pulled him out of his car and chopped off his palm for authoring a question paper that allegedly had material insulting the Prophet.
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May - 20 
The Ernakulam Additional District and Sessions Court on May 20 sent Roopesh and his wife Shyna, alleged Communist Party of India-Maoist (CPI-Maoist) operatives, to judicial custody till June 10, reports The Hindu. The couple was later shifted to the district jail at Kakkanad. Earlier, Roopesh and S
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The Ernakulam Additional District and Sessions Court on May 20 sent Roopesh and his wife Shyna, alleged Communist Party of India-Maoist (CPI-Maoist) operatives, to judicial custody till June 10, reports The Hindu. The couple was later shifted to the district jail at Kakkanad. Earlier, Roopesh and Shyna were brought to Kochi from the Coimbatore central prison by road.
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May - 22 
The Kerala High Court in a significant ruling on May 22 said ‘‘being a Maoist is of no crime” reports The Hindu. Justice A. Muhamed Mustaque while delivering a judgement said that State pay a compensation of INR 10000 and INR 10,000 as cost to the petitioner Shyam Balakrishnan from Wayanad District
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The Kerala High Court in a significant ruling on May 22 said ‘‘being a Maoist is of no crime” reports The Hindu. Justice A. Muhamed Mustaque while delivering a judgement said that State pay a compensation of INR 10000 and INR 10,000 as cost to the petitioner Shyam Balakrishnan from Wayanad District in the case. In his judgment Justice A. Muhamed Mustaque further held that in this case, “the facts will clearly indicate that the petitioner was arrested as a suspected Maoist. At the relevant time, the police had no clue about the offence committed by the petitioner. The only reason on which the petitioner was arrested was that he was a suspected Maoist. No doubt, the police, on realising the mistake, released the petitioner without registering a case.” The judgment pointed out that in this case “police violated the liberty of the petitioner by taking him into custody without satisfying that the petitioner was involved in any cognisable offence punishable under law.”The Court further said “if the Maoist organisation is a proscribed organisation under the law, activities of the Maoist organisation can be interfered. If the individual or organisation abhors and resorts to physical violence, the law agency can prevent or take action against the individual or organisation.” ‘‘The police version that the petitioner was rescued from the agitated mob cannot be believed. The General Diary and other action on the part of the police in searching the house of the petitioner will clearly indicate that the petitioner was taken into custody as a suspected Maoist,” the judgment said.
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June - 26 
The Kerala High Court on June 26 stayed further proceedings on a single bench's order to pay compensation of INR 100,000 for illegal detention by Thunderbolt, the special police team for combating Communist Party of India-Maoist (CPI-Maoist) activities in the State, reports The Times of India. A div
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The Kerala High Court on June 26 stayed further proceedings on a single bench's order to pay compensation of INR 100,000 for illegal detention by Thunderbolt, the special police team for combating Communist Party of India-Maoist (CPI-Maoist) activities in the State, reports The Times of India. A division bench comprising Chief Justice Ashok Bhushan and Justice A M Shaffique was considering an appeal filed by the State Government against the order. The single bench's ruling, on a petition filed by Shyam Balakrishnan of Wayanad, had also said that being a Maoist is not a crime and detaining a person for questioning will amount to illegal detention if the legal formalities of an arrest are not followed. The appeal filed by the government through senior government pleader C S Manilal says that being Maoist is a crime and the single bench's ruling is illegal. It demands that the order should be set aside. As an interim relief, it had sought a stay on further proceedings based on the judgment.
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