Kerala High Court
Muhammed Yasar vs State Of Kerala on 17 December, 2020
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
Bail Appl..No.8187 OF 2020
CRIME NO.110/2020 OF THE KOYILANDY POLICE STATION , KOZHIKODE
PETITIONER/ACCUSED:
MUHAMMED YASAR,
AGED 19 YEARS,
S/O SAKKEER,
BARGAYI BAS, BEACH ROAD,
KOYILANDY P.O,
KOZHIKODE DISTRICT
PIN-673 305
BY ADV. SRI.ADITHYA RAJEEV
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
PIN-682031
OTHER PRESENT:
SRI.C.N.PRABHAKARAN - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.12.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.No.8187 OF 2020
2
ORDER
Dated this the 17th day of December, 2020 APPLICATION FOR ANTICIPATORY BAIL The applicant is the 7th accused in Crime No.110 of 2020 of Koyilandy Police Station, Kozhikode, for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 294(b), 506 and 308 read with Section 149 of the IPC. The prosecution case, in brief, is this:
2. On 31.01.2020, during a cinematic dance performed by the students, in connection with a school festival at Thiruvangoor, certain students created a ruckus and in consequence to that, the programme was interrupted and thereafter it restarted after a while. There was a scuffle between students in which the teachers also intervened. A teacher sustained injuries, in consequence of which, Crime No.109 of 2020 was also registered. While the teacher was being taken to the hospital, the defacto complainant also accompanied him.
Hence, he was attacked, in consequence of which, this crime was registered and the applicant and his brother are arraigned as B.A.No.8187 OF 2020 3 accused. It is submitted that this Court had earlier considered the bail applications filed by the other accused and vide order in B.A.No.1525 of 2020 and 1529 of 2020, all the remaining accused were granted anticipatory bail, considering the fact that the applicants do not have any criminal antecedents and that they are all students, this application may also be allowed.
3. Heard the learned counsel for the applicant and the learned prosecutor.
4. The applicant has no criminal antecedents. The injuries are not grave. There is no possibility of the accused absconding. In the result, the application is allowed and the applicant is directed to surrender before the Investigating Officer within two weeks. After interrogation, in the event of his being arrested, he shall be released on bail on the execution a bond for Rs.50,000/- (Rupees Fifty thousand only), with two solvent sureties, each for the like amount to the satisfaction of the Investigating Officer and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for and he shall co-operate with the investigation.
(ii) He shall not intimidate or influence witnesses and B.A.No.8187 OF 2020 4 tamper with evidence.
(iii) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.
Sd/-
ASHOK MENON JUDGE NR/17/12/20