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. 1929 OF 2022
CRIME NO.220/2022 OF VADAKARA POLICE STATION, KOZHIKODE
PETITIONER/S:
1 MUHAMMED NEBHAN
AGED 20 YEARS
PULAKKUNNUMMAL
PAZHASSI NAGAR
VELOM
KOZHIKKODE, PIN - 673508
2 MAHIR P C
AGED 20 YEARS
THAIVACHA PARAMBATH
ERAMALA,KOZHIKODE
ORKKATTERI
PIN - 673051
3 SHANIF T P
AGED 20 YEARS
THUVARAYULLA PARAMBATH
MOKERI
PIN - 673507
4 MUHAMMED
AGED 20 YEARS
KANGATTU KUNIYIL
VATAYAM
NARIKUTTAM CHAL
KAKKATTIL, PIN - 673507
5 MUHAMMED SHIBILY
AGED 20 YEARS
MEETHALE PACHILA NADAKKAL
THIRUVALLUR
VADAKARA, PIN - 673541
6 MUHAMMED MIDHILAJ
AGED 20 YEARS
ELLATH
KARANDODE,KUTTIADY
KUTTIADY
PIN - 673508
B.A. No.1929 of 2022 :2:
BY ADVS.K.REEHA KHADER
RESHMA R.NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
2 ADDL.R2 MUHAMMED HAJSAL,(SUO MOTU)
S/O HAMSA, R/A CHETTEENTAVIDA HOUSE, EDACHERI,
EDACHERI VILLAGE, VATAKARA TALUK, KOZHIKODE
DISTRICT.
IS SUO MOTU IMPLEADED AS PER ORDER DATED
20/05/2022 IN BA.NO.1929/2022.
OTHER PRESENT:
PP - SMT. NIMA JACOB
THIS BAIL APPLICATION HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. No.1929 of 2022 :3:
VIJU ABRAHAM, J.
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B.A. No.1929 of 2022
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Dated this the 7th day of July, 2022
ORDER
This is an application for anticipatory bail.
2. The petitioners are accused in Crime No.220/2022 of Vadakara Police Station, Kozhikode alleging commission of offences punishable under Sections 143, 147, 148, 324, 149 of Indian Penal Code and under Section 4 of the Kerala Prohibition of Ragging Act, 1998.
3. The prosecution allegation is that, on 21.02.2022, at about 1.30 PM, at Vadakara MES College, the accused Nos.1 to 6 attacked the injured who is a first year student of the same college and thereby the accused has committed the above said offence.
4 . The learned counsel for the petitioners submitted that the matter has been amicably settled between the parties and Annexure 2 is the affidavit of the defacto complainant. It is also submitted that it is essentially a dispute between juniors and B.A. No.1929 of 2022 :4: seniors in the college.
5. The learned Public Prosecutor, upon instructions, submitted that it is true that the matter has been settled and the defacto complainant has in fact executed the signed affidavit. It is also submitted that the petitioners have no other criminal antecedents.
6. It is seen that there is already an interim order in this case to the effect that the petitioners shall not be arrested in connection with the aforesaid crime and the said interim order is continuing till now. Having regard to the facts and circumstances of the case, and considering the fact that the petitioners have no other criminal antecedents, I am inclined to grant bail to the petitioners subject to stringent conditions. In the result, this application is allowed. It is directed that the petitioners shall be released on bail, in the event of arrest in Crime No.220/2022 of Vadakara Police Station, Kozhikode subject to the following conditions:-
(i) The Petitioners shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each, with B.A. No.1929 of 2022 :5: two solvent sureties each, for the like-sum to the satisfaction of the Arresting officer ;
(ii) The Petitioners shall appear before the investigating officer in Crime No.220/2022 of Vadakara Police Station, Kozhikode as and when summoned to do so;
(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.220/2022 of Vadakara Police Station, Kozhikode;
(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.220/2022 of Vadakara Police Station, Kozhikode 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 B.A. No.1929 of 2022 :6: information if any given by any of 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 sm/ B.A. No.1929 of 2022 :7: APPENDIX OF BAIL APPL. 1929/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.
220/2022 OF VSATAKARA POLICE STATION IS PRODUCED HEREWITH AND MARKED AS ANNEXURE A1.
Annexure2 A TRUE COPY OF THE AFFIDAVIT SWORN BY THE INJURED IS PRODUCED HEREWITH AND MARKED AS ANNEXURE A2