Kochi: Kerala High Court on Thursday dismissed the anticipatory bail application of CPM Kannur district secretary P. Jayarajan in the Kathiroor Manoj murder case.
“The credentials of Jayarajan are not in dispute but the law applies to all equally. It applies to the rich and poor and literate and illiterate alike,” a division bench comprising Justice K.T. Sankaran and Justice K.P. Jyothindranath observed.
“We are satisfied that prima facie there are materials to find the allegations levelled against Jayarajan. The stage has not reached to arrive at a conclusion as to whether the allegations levelled against Jayarajan are true. Any opinion expressed either way would cause prejudice to the prosecution and the defence,” the court observed.
Refusing to accept the contentions of Mr Jayarajan that the use of country bomb will not draw an offence under Unlawful Activity Prevention Act, the court said, “bomb is a bomb whether it is country bomb or factory bomb or whether it is made in the armament factory.”
In the present case, bombs were hurled before Manoj was murdered and after the attack. The sound of explosion was heard at a distance of about two km from the place of occurrence, it said.
“It is not necessary that a terrorist attack should be an act like Parliament attack case or the Bombay blast case. A distinction cannot be made between a country bomb or otherwise,” it said.
