Kerala High Court
Amal Asokan vs State Of Kerala on 13 December, 2021
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA, 1943
BAIL APPL. NO. 8921 OF 2021
CRIME NO.2086/2021 OF GANDHI NAGAR POLICE STATION, KOTTAYAM
DISTRICT
PETITIONERS/ACCUSED:
1 AMAL ASOKAN
AGED 29 YEARS
S/O ASOKAN.P.K, POOVATHINGAL HOUSE, THODUPUZHA
EAST.P.O,
BANGLAVUKUNNU, PIN-685 852.
2 NANDHU JOSEPH,
AGED 25 YEARS
S/O JOSEPH, THURUTHEL HOUSE, ARUNOOTTIMANGALAM.P.O,
K.S.PURAM, PIN-686 694.
BY ADVS.
P.A.AYUB KHAN
NIJI K.SHAHUL
RESPONDENTS:
1 STATE OF KERALA
(THE SUB INSPECTOR OF POLICE, GANDHI NAGAR POLICE
STATION, CRIME NO.2086/2021)REPRESENTED BY THE PUBLIC
PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 THE INSPECTOR OF POLICE,
GANDHI NAGAR, KOTTAYAM DISTRICT.
BY SRI. NOUSHAD K.A. (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2021, ALONG WITH Bail Appl..8534/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 8921 & 8534 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
MONDAY, THE 13TH DAY OF DECEMBER 2021 / 22ND AGRAHAYANA,
1943
BAIL APPL. NO. 8534 OF 2021
CRIME NO.2086/2021 OF GANDHI NAGAR POLICE STATION, KOTTAYAM
DISTRICT
PETITIONERS/ACCUSED NOS.3 AND 4:
1 SHAJO S.
AGED 27 YEARS
S/O. SHAJI T., PICHINATTUPURAYIDAM, KUDAMALOOR
P.O., KOTTAYAM-686 017.
2 ABIJITH A.S.
AGED 27 YEARS
S/O. SAJEEVAN A.K., ALATHIL HOUSE, PANAGAD P.O.,
ERNAKULAM-682 506.
BY ADVS.
P.A.AYUB KHAN
NIJI K.SHAHUL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
2 THE SUB INSPECTOR OF POLICE
GANDHI NAGAR POLICE STATION,
KOTTAYAM DISTRICT, PIN-686 008.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.12.2021, ALONG WITH Bail Appl..8921/2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NOS. 8921 & 8534 OF 2021
3
ORDER
These are applications for anticipatory bail.
2. The petitioners in these cases are accused Nos.1 to 4 in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, alleging commission of offences under Sections 354, 354A(1)(i), 354A(1)(iv) and 294(b) read with Section 34 of the Indian Penal Code. The petitioners in Bail Application No.8921 of 2021 are accused Nos.1 and 2, while the petitioners in Bail Application No.8534 of 2021 are accused Nos.3 and 4. The allegation against the petitioners is that they attacked the de- facto complainant when she approached them asking for their identity cards in connection with the election to the Mahathma Gandhi University Senate held on 21.10.2021. It is also alleged that the petitioners attempted to outrage her modesty and thereby committed the offences under the aforesaid provisions of law.
3. The learned counsel appearing for the petitioners in these cases would submit that the petitioners are all students and the clash occurred during the election to the University Senate, BAIL APPL. NOS. 8921 & 8534 OF 2021 4 which was held on 21.10.2021. It is submitted that the petitioners owe allegiance to a student organization known as the All India Students Federation and a lady member of the All India Students Federation was attacked by some members of a student organization known as the Students Federation of India and Crime No.2084 of 2021 of Gandhi Nagar Police Station of Kottayam District was registered against some members of the Students Federation of India. It is submitted that the present crime is nothing but a counter blast to the registration of Crime No.2084 of 2021. It is submitted that, at any rate, the custodial interrogation of the petitioners is not necessary for a proper investigation into the matter. It is also submitted that if the petitioners are arrested and remanded, their career will be affected as they are all students pursuing higher courses under the Mahathma Gandhi University.
4. I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that there are altogether four crimes registered at the Gandhi Nagar Police Station in connection with the election to the senate of the Mahathma Gandhi University. It is submitted that all four cases are being BAIL APPL. NOS. 8921 & 8534 OF 2021 5 investigated thoroughly and the grant of anticipatory bail at this stage to the petitioners may affect the progress of investigation into the crime registered against the petitioners. It is submitted that if at all bail is being granted to the petitioners, the same must be on strict conditions to ensure that the petitioners do not interfere with the investigation into the crime registered against them.
5. Having regard to the facts and circumstances of the case, and considering the fact that the petitioners are all students, I am of the view that the petitioners can be granted bail subject to strict conditions to ensure that they do not interfere with the investigation into Crime No.2086 of 2021 of Gandhi Nagar Police Station.
6. In the result, these bail applications are allowed and it is directed that the petitioners shall be released on bail, in the event of their arrest in connection with Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, subject to the following conditions:
(i)Petitioners shall execute separate bonds for sums of BAIL APPL. NOS. 8921 & 8534 OF 2021 6 Rs.25,000/- (Rupees twenty five thousand) each with two solvent sureties each for the like sum to the satisfaction of the Jurisdictional Court;
(ii) Petitioners shall co-operate with the investigation and report before the investigating officer in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, as and when called upon to do so;
(iii) Petitioners shall not attempt to contact the de-
facto complainant or to influence or intimidate any witness in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District;
(iv) Petitioners shall not commit any other offence while on bail.
If any of the aforesaid conditions are violated, it will be open to the investigating officer in Crime No.2086 of 2021 of Gandhi Nagar Police Station, Kottayam District, to approach the Jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P. JUDGE DK