Kerala High Court
Saneesh vs State Of Kerala on 16 November, 2009
Author: K.T.Sankaran
Bench: K.T.Sankaran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6613 of 2009()
1. SANEESH,AGED 19 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REP.BY S.I. OF POLICE
... Respondent
For Petitioner :SRI.P.C.HARIGOVIND
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. Nos.6613, 6616, 6618, 6626
and 6655 OF 2009
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Dated this the 16th day of November, 2009
O R D E R
Except Bail Application No.6626 of 2009, all the other four Bail Applications are under Section 439 of the Code of Criminal Procedure. Bail Application No.6626 of 2009 is filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The Bail Applications relate to Crime Nos.2347 of 2009 and 2348 of 2009 of Central Police Station, Ernakulam. The details are as shown below:
Crime Number of Bail Rank of the Name of the No. Application accused accused 2347 of 6613 of 2009 Accused Saneesh 2009 No.8 B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 2 ::
2347 of 6616 of 2009 Accused No. Vaishak 2009 7 Shyam Manu 2347 of 6626 of 2009 Accused Maneesh 2009 Nos.2,3 and Suvin R.Menon 6 Ranjith 2348 of 6618 of 2009 Accused Geemon 2009 Nos. 7,8 and Sarath 9 2348 of 6655 of 2009 Accused Ranjith 2009 No.7
2. The offences alleged against the accused persons in both the Crimes are under Sections 143, 147, 148, 323, 324 and 307 read with 149 of the Indian Penal Code.
3. Those accused persons who were arrested were remanded to judicial custody. They are in judicial custody since 26-10-2009. They have filed the applications for Regular Bail. Accused Nos.2,3 and 6 in Crime No.2347 of 2009 B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 3 ::
were not arrested and they have sought for anticipatory bail.
4. The incident occurred at 2.30 P.M. on 26-10-2009 in the campus of Maharaja's College, Ernakulam. Students belonging to or owing allegiance to Kerala Students Union (KSU) and Akhila Bharathiya Vidhyarthi Parishad (ABVP) are the accused persons in Crime No.2347 of 2009. In Crime No.2348 of 2009, the accused persons are students belonging to or owing allegiance to Students Federation of India (SFI). According to the members of SFI, they were attacked by the members of KSU and ABVP. The version of members of KSU and ABVP is that they were attacked by the members of SFI. Students belonging to both the warring groups sustained injuries including head injuries.
5. The allegation is that the accused persons used iron rods, wooden reapers and hockey sticks for committing the B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 4 ::
offences. The injured persons were admitted in the General Hospital, Medical Trust Hospital and Sudheendra Medical Mission Hospital, Ernakulam.
6. It is alleged that there arose a dispute in the Maharaja's College in connection with the inauguration of the College Union. According to the SFI activists, they were attacked owing to the enmity which arose out of that dispute. According to the ABVP activists, they were attacked by the SFI activists alleging that the victims therein were responsible for the reduction in the number of votes expected to be secured by SFI candidates. It is fairly clear that the incidents were the aftermath of the election in the College.
7. The Petitioners moved for Bail and Anticipatory Bail before the Court of the Sessions Judge, Ernakulam. The learned Sessions Judge dismissed the applications by the B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 5 ::
order dated 3rd November 2009.
8. Taking into account the facts and circumstances of the case, the duration of judicial custody undergone by the accused and the fact that the accused persons are students, I am inclined to grant bail to those of the petitioners who are in judicial custody. However, I am not inclined to accept the contention of the petitioners in B.A. No.6626 of 2009 that no case is made out against them and that they are entitled to the grant of anticipatory bail. Considering the facts and circumstances of the case, I am of the view that the petitioners therein are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure.
9. It is relevant to note that Accused No.7 (Ranjith) in Crime No.2348 of 2009 has filed two Bail Applications. In B.A. No.6618 of 2009, which was filed on 5-11-2009, he is B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 6 ::
the first petitioner. He is the sole petitioner in B.A. No.6655 of 2009 filed on 6-11-2009. How the same person happened to file two Bail Applications for the same relief is not known. That two Bail Applications were filed by the same person was not pointed out at the time of hearing also. In the facts and circumstances, I am of the view that the second application filed by Ranjith (B.A. No.6655 of 2009) is liable to be dismissed.
10. There cannot be any dispute that Maharaja's College is one of the prestigious educational institutions in the State. Many great people are the old students of Maharaja's College. It is said that the College had to be closed down for a few days due to the incidents which occurred on 26-10-2009 and the unrest which ensued thereafter. Incidents of the students fighting against each other and indulging in violence and criminal activities within B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 7 ::
college campuses have become a common affair in the State for the last several years. Common man cannot be blamed for thinking that the political parties in the State are responsible for creating such a situation in the educational institutions.
11. The hearts of teenagers would be full of love, affection and finer feelings and most of them would be having positive thinking, compassion towards the less privileged people and willingness to help the needy. Acquiring knowledge and skill for a bright future is undoubtedly the main activity of the students. Their areas of interests include involvement in artistic, literary and cultural activities. Over the years, over politicisation of the students' activities have caused a great change in their mental make up and their attitude towards fellowmen. They are led to think that capture of power in the educational institutions is their prime object. They are induced to involve in violence to B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 8 ::
achieve the goal. Parents of the students strive hard for the better prospects of their children. Their expectations become futile if their children indulge in such undesirable activities in educational institutions.
12. It is common knowledge that majority of the students like peaceful atmosphere in educational institutions. The parents and the general public also wish for the same. But, due to the activities of a few people, the atmosphere in campuses sometimes become horrendous. Mutual trust and confidence vanish. Finer feelings disappear. Acts of violence occur every now and then. Hatred and ill will, the bi products of violence, become prominent.
13. The parents, majority of the students, the teachers and the general public hope that our educational institutions do come up well and be capable of providing quality B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 9 ::
education to our students. It is the duty of all to ensure that peaceful and friendly atmosphere prevail in the campuses. Let our children learn and gain success in life. Let them not fight against each other and later turn out to be unwanted elements in the society. Let us not make them criminals. It is true that principles of parliamentary democracy should be learned and practiced by students as well. Violence, hatred, ill will, vandalism, destruction of property etc. are antithetic to democracy. Such activities should not be promoted; on the other hand, they should be deprecated. Political parties, political leaders, the intelligentsia, the media, the teachers, poets, litterateurs, artists and the senior citizens could make valuable and effective contributions to ensure that the campuses are free from violence.
14. The Kerala High Court had dealt with the cases relating to students' politics in campuses, in Sojan Francis V. B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 10 ::
M.G. University: 2003 (2) KLT 582; Kerala Students Union V. Sojan Francis: 2004 (2) KLT 378 and S.N.M. College V. S.I of Police: 2007 (1) KLT 282. The matter is now pending before the Honourable Supreme Court.
15. In Harpal Singh V. Devinder Singh: A.I.R. 1997 S.C. 2914, the Supreme Court, while considering the case of the murder of a student in a hostel attached to Kurukshethra University in Haryana, held thus:
" Before parting with the case, we feel strongly to add a few more words which are of contextual and topical importance. It is a malady in our country that political parties allure young students through their students wings. They do so because it is an easy method for enlisting support and participation of student population to their political programmes. Students, particularly in adolescent age, are easily swayable by political parties without much effort or cost as young and tender minds are susceptible to easy persuasiveness by party leaders. But the disturbing aspect is that most of the political B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 11 ::
leaders do not mind their student supporters developing hostility towards their fellow students belonging to rival political wings. What happened in this case perhaps was only the tip of the iceberg as campus rivalry has now deteriorated into a bane of the country. The print media is now replete with reports of such calamitous instances in the campus atmosphere.
28. While at the top layer leaders belonging to different political parties dine together and socialise with each other without any personal acrimony as between themselves, it is a pity that they do not encourage that healthy attitude to percolate down to the grass root level. Tender mind gets galvanised on minor issues, frenzy flares up even on trivialities, young children and adolescents unaware of the disastrous consequences befalling their own future indulge in vandalism, mayhem and killing spree against their own fellow students."
In the result:
1. B.A. No.6626 of 2009 is dismissed;
2. B.A. No.6655 of 2009 is dismissed as unnecessary since Bail Application No.6618 of 2009 in which the petitioner is a party is being allowed;
3. B.A. Nos.6613 of 2009, 6616 of 2009 and 6618 of 2009 are allowed in the following manner:
B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 12 ::
The petitioners shall be released on bail on their executing bond for Rs.15,000/- each with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Ernakulam, subject to the following conditions:
A)The petitioners shall report before the investigating officer between 9 A.M. and 11 A.M. on all Sundays for a period of two months and thereafter on every alternate Sundays at the same time, till the final report is filed or until further orders;
B)The petitioners shall appear before the investigating officer for interrogation as and when required;
C) The petitioners shall not try to influence the prosecution witnesses or tamper with the evidence;
B.A. Nos.6613, 6616,6618,6626 & 6655 OF 2009 :: 13 ::
E) The petitioners shall not commit any offence or indulge in any prejudicial activity while on bail; F) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.
(K.T.SANKARAN) Judge