Abhinand S Kumar vs State Of Kerala
2022 Latest Caselaw 8796 Ker

               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

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

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

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