Kerala High Court
Aromal A.S vs State Of Kerala on 1 June, 2023
B.A.Nos.2909/23 & 3090/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945
BAIL APPL. NO. 3090 OF 2023
AGAINST THE ORDER/JUDGMENTCRMC 100832/2023 OF ADDITIONAL DISTRICT
COURT (ADHOC)-II, TRIVANDRUM
CRMC 832/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
III,TRIVANDRUM
PETITIONERS/ACCUSED:
1 FAHAD MOHAMMED FIROZ.,
AGED 22 YEARS,
S/O.FIROZ, FIZA, ALAYAMON P.O.,
ANCHAL, KOLLAM - 695 306.
2 ANIRUDH K. RAJESH,
AGED 21 YEARS,
S/O.RAJESH KUMAR.K.,
KANDA MANGALATHU HOUSE, ARIKUZHA P.O.,
THODUPUZHA, IDUKKI - 685 608.
3 ANJITH K.A.,
AGED 19 YEARS,
S/O. AJAYAN K.U., KANNANKULAM HOUSE,
CHEROOR P.O., THRISSUR - 680 008.
BY ADV.S.K.ADHITHYAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI 682 031.
SRI.SEETHA S - SR.PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.06.2023, ALONG WITH Bail Appl..2909/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2909/23 & 3090/23 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945
BAIL APPL. NO. 2909 OF 2023
PETITIONER/S:
1 AROMAL A.S.,
AGED 22 YEARS
S/O.V. ASHOKKUMAR,
'GOPALAMANDIRAM', AVANKKUZHY,
THANNIMOODU P.O, NEYYANTINKARA,
THIRUVANANTHAPURAM, PIN - 695 123.
2 MUHAMMAD SABITH N.J.,
AGED 24 YEARS,
S/O.NASIRUDHEEN A., SAHI NIVAS KANNAMCODE,
VENJARAMOODU P.O., THIRUVANANTHAPURAM, PIN - 695 607.
3 SREENATH K.S.,
AGED 23 YEARS,
S/O.SURENDRANATH K., SREEKRISHNAPURAM, KAPPILMEKKU,
KRISHNAPURAM, KAYAMKULAM, ALAPUZHA, PIN - 690 533.
4 M.G.AMBIKADUTT.,
AGED 23 YEARS,
S/O.M.S. GOPAKUMAR, MULACKAL,THANALIDAM 18,
NEERAVIL, PERINAD P.O., KOLLAM, PIN - 691 601.
BY ADV.S.K.ADHITHYAN
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI, PIN - 682 031.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.06.2023, ALONG WITH Bail Appl..3090/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
B.A.Nos.2909/23 & 3090/23 3
ORDER
[Bail Appl. Nos.3090/2023, 2909/2023] The petitioners are the accused Nos.5 to 7, in Crime No.278 of 2023 of Museum Police Station. The offences alleged against the petitioners are under Sections 143, 147, 149, 342, 323 and 353 IPC.
2. Prosecution case is as follows:
The petitioners are the students of Government Law College, Thiruvananthapuram. Earlier, 24 students of the Government Law College were suspended from the college, and as a protest against the same, the students organization named, SFI (Students Federation of India), lodged a complaint before the Principal, demanding immediate action. As part of the said protest, they staged a dharna in front of the room of the principal, during the course of which, they allegedly restrained the Principal and other teachers from leaving the college. It is also alleged that, during the incident, the de facto complainant also sustained some injuries. The crime was registered in such circumstances. This application for anticipatory bail is submitted by the petitioners as they apprehended arrest in connection with the investigation.B.A.Nos.2909/23 & 3090/23 4
3. Heard Sri.S.K.Adithyan, learned counsel for the petitioners and Sri.C.S.Hrithwik, learned Public Prosecutor for the State.
4. The learned counsel for the petitioners submits that the petitioners are innocent of all the allegations. It is pointed out that, in the FIS, none of the persons were named. The petitioners were falsely implicated in the said case. Materials placed on record would indicate that the students were only conducting a protest against certain actions taken by the Principal. Petitioners are ready and willing to cooperate with the investigation and shall comply with the conditions imposed by this Court, submits the learned Counsel for the petitioner.
5. On the other hand, the learned Public Prosecutor would oppose the aforesaid application by submitting that the matter is now under investigation.
6. I have gone through the records. It is discernible that the incident occurred during the course of a protest. In the FIR, none of the persons were specifically named. No serious injuries were sustained by anyone. In addition to that, it is also pointed out that when these bail applications came up for consideration before this Court on 09.05.2023, an interim B.A.Nos.2909/23 & 3090/23 5 orders were passed granting interim bail to the petitioners with an observation that the investigation officer shall be free to summon the petitioners for interrogation after issuing notice under Section 41 Cr.P.C. It is reported that, subsequent to the interim orders, the petitioners surrendered before the investigation officer and released on bail after interrogation. In such circumstances, taking note of the nature allegations, the circumstances under which the incident occurred, and also the fact that the petitioners are cooperating with the investigation by subjecting themselves for interrogation, I am of the view that the application can be allowed.
7. Accordingly, this bail application is allowed with following conditions:
(1) In the event of arrest the petitioners shall be released on bail upon executing a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the investigation officer.
(2) The Petitioners shall appear before the investigation officer as and when required by the investigation officer.
(3) They shall not commit any offences of similar nature while on bail.B.A.Nos.2909/23 & 3090/23 6
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/2.6.23 B.A.Nos.2909/23 & 3090/23 7 APPENDIX OF BAIL APPL. 2909/2023 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR IN CRIME NO.
278/2023 OF THE MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT PENDING BEFORE THE HON'BLE JFMC III, THIRUVANANTHAPURAM Annexure 2 TRUE COPY OF THE ADMIT CARDS OF THE PETITIONERS ISSUED BY UNIVERSITY OF KERALA Annexure 3 A PRINTED COPY OF THE CASE STATUS OF THE SAME FROM E-COURTS B.A.Nos.2909/23 & 3090/23 8 APPENDIX OF BAIL APPL. 3090/2023 PETITIONER ANNEXURES Annexure1 A CERTIFIED COPY OF THE FIR IN CRIME NO.
278/2023 OF THE MUSEUM POLICE STATION, THIRUVANANTHAPURAM DISTRICT PENDING BEFORE THE HON'BLE JFMC III, THIRUVANANTHAPURAM Annexure2 A TRUE COPY OF THE CASE STATUS FROM E-
COURTS WEBSITE.