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Tony Babu Vs State of Kerala — Bail and Remand | Kerala HC (2015)

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Kerala HC
2015
Tony Babu Vs State of KeralaTony Babu v. State of Kerala

Dismissed

Tony Babu v. State of Kerala

Kerala HC22 May 2015Bail Appl./206/2015

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 Cr.P.C. for students accused of campus violence with weapons was dismissed by the court.

What did the court decide?

Anticipatory bail was denied.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

FRIDAY, THE 22ND DAY OF MAY 2015/1ST JYAISHTA, 1937

Bail Appl..No. 206 of 2015

CRIME NO. 446/2014 OF PANNIANKARA POLICE STATION , KOZHIKODE

PETITIONER(S)/ACCUSED:

1. TONY BABU, AGED 20 YEARS,

S/O IGNATIOUS BABU, BUMIKA HOUSE, VELLIMADUKUNNU,

KOZHIKODE DISTRICT.

2. VISAK.K, AGED 20 YEARS,

S/O. VISWANATHAN, KOTTADATH HOUSE,

Parties & counsel

AI extract

petitioner
Tony Babu and others
respondent
State of Kerala

Coram

AI extract

K. Abraham Matthew

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 22 May 2015 · May
Registered: 9 Jan 2015
Case no.: Bail Appl./206/2015

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Cite this judgement

Tony Babu v. State of Kerala, Bail Appl./206/2015 (KL), decided on 22 May 2015.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

K. Abraham Matthew

Parties & counsel

Outcome

Anticipatory bail was denied.

Detailed headnote1 paragraphs

In a bail application for students accused of attacking others on campus with weapons, the Court held that violence cannot be tolerated on campus. Granting anticipatory bail would put a premium on such practices. The application was dismissed, refusing anticipatory bail.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

CHERUKALATHUR POST,

KOZHIKODU DISTRICT.

3. SRAVAN.K. SATHEESH, AGED 20 YEARS,

S/O SATHEESH KUMAR, SRAVAN HOUSE, VETTOM P.O

ALISSERY, KOZHIKODU DISTRICT.

4. ROSHITH K, AGED 19 YEARS,

S/O SIVARAMAN K., KOTTAKKAL HOUSE, OLAVANNA P.O,

KOZHIKODU.

5. BITHUL.E, AGED 19 YEARS

S/O SATHYAN.E, ELLEZHUTHIL, KIZHAKE MECHERY,

PANTHEERANKAVU P.O, KOZHIKODE.

6. AKSHAY P.M, AGED 20 YEARS,

S/O PARAMESWARAN P., MAVATHUMPADI HOUSE, OLAVANNA P.O KOZHIKODE.

7. ARJUN, AGED 19 YEARS

S/O SATEESHAN.K, NEDIYARAMBATH HOUSE, KOILANDY, KOZHIKODE.

8. AMALJITH P.K, AGED 20 YEARS,

S/O PADMAJA K, THARAMPOYIL HOUSE, THIRUVALLUR P.O VADAKARA VIA KOZHIKODE.

PJ

....2/-

..2..

Bail Appl..No. 206 of 2015

9. BINI E.R, AGED 19 YEARS, S/O. RAMACHANDRAN, ERANJOLA HOUSE, KOORACHUNDU P.O KOZHIKODE.

BY ADVS.SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS

RESPONDENT(S)/COMPLAINANT:

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.V.S. SREEJITH

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 22-05-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

PJ

K. ABRAHAM MATHEW, J.

B.A. No.206 of 2015

Dated this the 22^nd day of May, 2015

O R D E R

Petition filed under Section 438 Cr.P.C.

Petitioners apprehend that they will be arrested by the Police in Crime No.446 of 2014 of Panniyankara Police station registered for the offences under Secs.143, 147, 148, 324, 326, 506(ii) and 308 read with Sec.34 of Indian Penal Code. They are college students. On the campus they allegedly attacked some other students with weapons like iron rods and sticks causing them serious injuries.

Heard both sides.

Learned counsel for the petitioners submits

that taking into consideration the fact that the petitioners are students aged about 19 years they may be granted anticipatory bail.

Violence on the campus cannot be tolerated.

The petitioners were not supposed to carry weapons in

B.A. No.206 of 2015 2

the campus. Such tendency should be dealt with a heavy hand. Granting anticipatory bail to them will be putting premium on such practices. I am not inclined to grant anticipatory bail to them.

In the result, this bail application is dismissed.

Sd/- K. ABRAHAM MATHEW

JUDGE

NS

/ True Copy / P.A. To Judge

CNR

KLHC010003312015

Topic

Bail and Remand

Bench

K.abraham Mathew

Disposal

DISMISSED

22 May 2015

Bindu R Vs State of Kerala

22 May 2015