Muhammed Nebhan vs State Of Kerala
2022 Latest Caselaw 8838 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. 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.
        -- -- -- -- -- -- -- -- -- -- -- -- --
                   B.A. No.1929 of 2022
        -- -- -- -- -- -- -- -- -- -- -- -- --
              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

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

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

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/

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