Kerala High Court
Shakeel Ahamed vs State Of Kerala on 13 February, 2019
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 808 of 2019
CRIME NO. 57/2019 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT
PETITIONERS/ACCUSED 4, 7 AND 11:
1 SHAKEEL AHAMED, AGED 17 YEARS, (MINOR)
S/O.P.MUHAMMED KUNHI, PATTILATH HOUSE, NEAR GUPS.,
HOSDURG BECH, KANHANGAD, HOSDURG,
KASARAGOD DISTRICT-671315,
(REPRESENTED BY HIS FATHER P.MUHAMMED KUNHI).
2 MOHAMMED AJMAL, AGED 17 YEARS,
S/O.JAMEELA.C.P.A.HOUSE, KOLAVAYAL, HOSDURG,
KASARAGOD DISTRICT-671531.
(REPRESENTED BY HIS MOTHER JAMEELA C.)
3 MOHAMMED SAFWAN.B., AGED 17 YEARS,
S/O.KUNHAMMED., AL NOOR, KOLAVAYAL, HOSDURG,
KASARAGOD DISTRICT-671531.
(REPRESENTED BY HIS FATHER KUNHAMMED B).
BY ADV. SRI.SREEPRAKASH K.NAIR
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KEARALA, ERNAKULAM-682031.
** 2 DR.M.A.ABDUL HAFEEZ, AGED 61 YEARS,
S/O. DR.M.A.AHAMED, MANAGER,
IQBAL HIGHER SECONDARY SCHOOL, AJANUR,
KOLAVALYAL P.O., KASARAGOD.
**ADDITIONAL 2ND RESPONDENT IS IMPLEADED AS PER ORDER
DATED 13.02.2019 IN CRL.M.A. NO.1 OF 2019.
R2 BY ADV. SRI.K.R.AVINASH (KUNNATH)
R1 BY SR. PUBLIC PROSECUTOR SRI.AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.02.2019,
ALONG WITH B.A. NO.900/2019 & OTHER CONTD. CASES, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
B.As.808, 900, 1018 & 1089/2019 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 900 of 2019
CRIME NO. 57/2019 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT
PETITIONERS/ACCUSED:
1 AHADIL JAMEEN, AGED 18 YEARS,
S/O. ABDUL RAHIMAN, UDUMA, PADINHAR P.O., PIN-671
319, KASARGOD
2 MUHAMMED JUNAID, S/O. MOIDU MAMMU, SHAMEEM MANZIL,
MUTTUMTHALA P.O., KOLAVAYAL, KZARGOD
3 MUHAMMED SUHAIL, S/O. SALEEMEBRAHIM, SALEEM MANZIL,
KUSHAL NAGAR P.O., KAZARGOD
BY ADV. SRI.P.E.SAJAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
THROUGH S.I. OF POLICE, HOSDURG POLICE STATION,
KASARGOD,REP.BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031.
OTHER PRESENT:
SRI. AMJAD ALI SR. PP.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2019, ALONG WITH Bail Appl..808/2019 & OTHER CONTD. CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.808, 900, 1018 & 1089/2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 1018 of 2019
CRIME NO. 57/2019 OF HOSDURG POLICE STATION, KASARAGOD
PETITIONER/ACCUSED:
MUHAMMED MARZOOQ, AGED 18 YEARS,
S/O.ABDULL AZIZ, KAKKOOHIL HOUSE, CENTER CHITHARI,
CHITHARI.P.O,PIN-671319,KASARGOD.
BY ADV. SRI.P.E.SAJAL
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
THROUGH S.I.OF POLICE,
HOSDURG POLICE STATION, KASARAGOD,
REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN-682031.
BY SR. PUBLIC PROSECUTOR M.R AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2019, ALONG WITH Bail Appl..808/2019 & OTHER CONTD. CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.808, 900, 1018 & 1089/2019 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940
Bail Appl..No. 1089 of 2019
CRIME NO. 57/2019 OF HOSDURG POLICE STATION, KASARAGOD
PETITIONER/ACCUSED:
MISHAB.M.P.
S/O HARIS T.P. RESIDING AT SUBEH, ONAKILIVAYAL,
NILESHWAR, NILESHWARAM, KASARAGOD DISTRICT,
REPRESENTED BY HIS FATHER AND NEXT FRIEND HARIS
T.P. AGED 51 YEARS, S/O MOHAMMED KUNHI P, DO -DO
BY ADVS.
SRI.T.MADHU
SRI.P.V.MURUGHAN
RESPONDENT/S:
THE STATE OF KERALA,
THROUGH THE STATION HOUSE OFFICER,
HOSDURG POLICE STATION, KASARAGOD DISTRICT,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
BY SR. PUBLIC PROSECUTOR M.R AMJAD ALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.02.2019, ALONG WITH Bail Appl..808/2019 & OTHER CONTD. CASES,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.As.808, 900, 1018 & 1089/2019 5
ORDER
These applications are filed under Section 438 of the Cr.P.C.
2. The petitioners herein are the accused in Crime No.57 of 2019 registered at the Hosdurg Police Station under Sections 143, 147, 323, 324 r/w. Section 149 of the IPC, Section 4 of the Kerala Prohibition of Ragging Act, 1998 and under Section 3(1) of the Prevention of Damage to Public Property Act, 1984. The applicants in B.A.Nos.808 & 1089 of 2019 are juveniles in conflict with law.
3. According to the prosecution, the applicants are Plus Two students of Iqbal Higher Secondary School, Ajanur Village, Hosdurg. On 21.1.2019 at about 12.45 p.m., the applicants are alleged to have formed themselves into an unlawful assembly and wrongfully restrained the de facto complainant and two of his friends, who are junior students of the said school. It is alleged that the applicants assaulted them with their hands and banged their heads on to an iron box. It is further alleged that the victims were threatened and were asked to refrain from wearing shoes and money was taken from their purse. It is also alleged that they caused damage to the school B.As.808, 900, 1018 & 1089/2019 6 property causing loss to the tune of Rs.10,000/-.
4. The learned counsel appearing for the applicants would contend that the 2nd accused, who is the applicant in B.A. No.1089/2019, and the applicants in B.A. No.808/2019 are juveniles. According to the learned counsel, on the date of the alleged incident, a fare-well party was organised in the school premises and a minor altercation had ensued between two groups of students. According to the learned counsel, the allegation that they had committed the offence of ragging is without any basis. According to the learned counsel, the Plus Two examination are about to start and if they are arrested and detained, their entire career will be spoiled. The learned counsel has also referred to the decision of this Court in X v. State of Kerala [2018(3) KHC 223] and it was contended that an application for pre-arrest bail by a child in conflict with law is perfectly maintainable.
5. The Manager of the School has filed an application seeking intervention. The learned counsel appearing for the Manager was permitted to advance arguments. It is submitted by the learned counsel that some of the applicants are trouble makers and against B.As.808, 900, 1018 & 1089/2019 7 them, complaints were filed before the District Legal Services Authority and they were warned. It is further submitted that by the acts of the applicants, substantial loss was caused to the school, which receives aid from the Government. It is further submitted that the applicants herein, have been threatening and intimidating the de facto complainant and his friends and sought for dismissal of the application.
6. The learned Public Prosecutor has opposed the prayer. He would make available the wound certificate of the victims and it was contended that the de facto complainant and his friends had suffered injuries consequent to the incident which took place on the fateful day.
7. I have considered the submissions advanced. This Court in X v. State of Kerala [2018(3) KHC 223] had occasion to hold that an anticipatory bail preferred by a juvenile in conflict with law is maintainable. On going through the records, it appears that on 21.1.2019, an incident had taken place in the School. The wound certificate does not reveal that any serious injuries were sustained. No other crimes are reported against the applicants, some of whom are juveniles. In the facts and circumstances, I am of the view that B.As.808, 900, 1018 & 1089/2019 8 the custodial interrogation of the applicants are not necessary for an effective investigation.
8. In the result, these applications are allowed:
a) Insofar as the applicants in B.A.No.1089 of 2019 and 808 of 2019 are concerned, they shall be released on bail in the event of their apprehension / arrest by the police in Crime No. 57 of 2019 of the Hosdurg Police Station on execution of a bond for Rs.25,000/- (Rupees Twenty five thousand only) each by two sureties. The sureties shall be their parents or other close relatives. They shall appear before the Juvenile Justice Board concerned as and when they are called upon to do so. I direct the Registry to mask the name of the applicants in the cause title and instead describe the applicant as 'Mr.A, B, C etc.'
b) Insofar as the applicants in B.A.Nos.900 of 2019 & 1018 of 2019 are concerned, in the event of their arrest in Crime No. 57 of 2019 of the Hosdurg Police Station, they shall be released on bail on their executing a bond for Rs.40,000/- (Rupees Forty thousand only) each with two B.As.808, 900, 1018 & 1089/2019 9 solvent sureties each for the like sum. The sureties shall be the parents or near relatives of the respective applicants. However, the above order shall be subject to the following conditions:
(i) The applicants shall co-operate with the investigation and shall appear before the Investigating Officer as and when they are called upon to do so.
ii) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court or to any police officer.
iii) They shall not commit any similar offence while on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.
SD/-
RAJA VIJAYARAGHAVAN V.,
JUDGE
KRJ //TRUE COPY// P.A. TO JUDGE