IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
BAIL APPL. NO. 2774 OF 2022
(CRIME NO.377/2022 OF MEDICAL COLLEGE POLICE STATION,
THIRUVANANTHAPURAM)
PETITIONERS/ACCUSED NO.1 AND 6:
1 ABHINAND S KUMAR, AGED 22 YEARS
SON OF SREEKUMAR, RESIDING AT TC 3/2130/L-127A, LIC
LANE-F, PATTOM PO,
THIRUVANANTHAPURAM DISTRICT, PIN - 695004.
2 MUHAMMED SABITH, AGED 22 YEARS
SON OF NAZARUDEEN, RESIDING AT SAHI NIVAS, KANNANCODE,
VENJARAMOODU PO,
THIRUVANANTHAPURAM DISTRICT, PIN - 695607.
BY ADV AKHIL S.VISHNU
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2 SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION
THIRUVANANTHAPURAM, PIN - 695011.
OTHER PRESENT:
SR.PP - SMT. SEETHA S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2774 OF 2022
2
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused Nos.1 and 6 in Crime No.377/2022 of Medical College Police Station, Thiruvananthapuram. The offences alleged against the petitioners are under Sections 143, 147, 149, 452, 323, 294(b), 324 and 506(1) of the Indian Penal Code (IPC).
3. The prosecution allegation is that, the petitioners and other co-accused totalling 8 in number are students of Thiruvananthapuram Law College and members of Students Federation of India. On 16-03-2022, at about 00.00 hours, they trespassed in to the house of the defacto complainant and assaulted him and his friends, who are members of KSU. According to the prosecution, the accused trespassed into the residence of the defacto complainant and thereafter hurling abuses at him, threatened him that they will not allow him and his friends to enter the college and if they make an attempt they will be killed and the accused caught hold of his neck and assaulted him with hand and inflicted injury above his left eye BAIL APPL. NO. 2774 OF 2022 3 using an iron box which resulted in contusions. It is also alleged that the petitioners along with other accused assaulted the friends of the defacto complainant and thus committed the offences charged against them.
4. The petitioners submitted that they are falsely arrayed as accused in this crime out of political rivalry and that there occurred a scuffle between two political parties in connection with the inauguration of college union which was scheduled to be held on 15.03.2022. Resultantly, a case and a counter case was registered as Crime Nos.271/2022 and 272/2022, by the Museum Police Station, Thiruvananthapuram City. It is also submitted that the present crime has been registered as a counterblast. The petitioners further submitted that the applications filed by them before the Additional District & Sessions Court-VI, Thiruvananthapuram was dismissed as withdrawn as per Annexure-6 order.
5. It is seen that when the matter was admitted, this Court was pleased to pass an order not to arrest the petitioners in connection with the said crime.
6. I have heard the learned Public Prosecutor who BAIL APPL. NO. 2774 OF 2022 4 opposed the application for bail.
7. Having regard to the facts and circumstances of the case, considering the nature of the allegations and taking into consideration the fact that the petitioners are students and having no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, this application is allowed. Petitioners shall appear before the investigating officer in Crime No.377/2022 of Medical College Police Station, Thiruvananthapuram, on 14.07.2022 at 11 am and thereafter on 15.07.2022 at 11 am for interrogation. It is directed that in the event of arrest of the petitioners in Crime No.377/2022 of Medical College Police Station, Thiruvananthapuram, the petitioners shall be released on bail subject to the following conditions:-
(i) Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only)each, with two solvent sureties each, for the likesum to the satisfaction of the Arresting officer ;
(ii) Petitioners shall appear before the investigating officer in Crime No. 377/2022 of Medical College Police Station, BAIL APPL. NO. 2774 OF 2022 5 Thiruvananthapuram as and when called for and shall co- operate with the investigation.
(iii) The petitioners shall not attempt to contact the victim or the defacto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.377/2022 of Medical College Police Station, Thiruvananthapuram ;
(iv) The petitioners shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No. 377/2022 of Medical College Police Station, Thiruvananthapuram may file an application before the jurisdictional Court, for cancellation of bail.
It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if any given by the petitioners even when the petitioners are on bail as per the judgment of the Apex Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663).
sd/-
VIJU ABRAHAM, JUDGE R.AV