The High Court of Kerala considered bail applications for accused involved in a fatal clash between student groups. The court found evidence suggestive of conspiracy and organized attack, holding that bail was not warranted at this stage.
Bail applications failed and were dismissed.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940
Bail Appl..No. 6302 of 2018
CRIME NO. 1548/2018 OF Ernakulam Central Police Station , Ernakulam
PETITIONER/S:
ADIL BIN SALIM,S/O.MUHAMMED SALIM AGED 23 YEARS CHAMAKALAYIL HOUSE, ERUMATHALA P.O., ALUVA EAST VILLAGE, ERNAKULAM DISTRICT
BY ADVS. SRI.SUNNY MATHEW SRI.DINESH THANKAPPAN
RESPONDENT/COMPLAINANT:
1 THE SUB INSPECTOR OF POLICE, ERNAKULAM CENTRAL STATION ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM
3 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM
OTHER PRESENT:
PP. SRI. S. SAJJU.
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14.11.2018, ALONG WITH Bail Appl..6855/2018, THE COURT ON 30/11/2018 PASSED THE FOLLOWING:
BA No. 6302 & 6855/2018
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA, 1940
Bail Appl..No. 6855 of 2018
AGAINST THE ORDER/JUDGMENT IN CRMC 1814/2018 of D.C. & SESSIONS COURT, ERNAKULAM DATED 29-09-2018
CRIME NO. 1548/2018 OF Ernakulam Central Police Station , Ernakulam
PETITIONER/ACCUSED NO. 4 & 5:
1 BILAL SAJI,
AGED 19 YEARS S/O SAJI, CHIRACKAL VEEDU, PANTHANAD P.O., KANGAZHA VILLAGE, KOTTAYAM
2 FAROOK AMANI, AGED 19 YEARS
S/O.ISMAIL, NARAKATHINAMKUZHI HOUSE, CHUNGAPPARA, KOTTANKAL, KULATHOOR P.O., PATHANAMTHITTA.
BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY
RESPONDENT/STATE:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031
BA No. 6302 & 6855/2018
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(CRIME NO.1548/2018 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT)
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14.11.2018, ALONG WITH Bail Appl..6302/2018, THE COURT ON 3/11/2018 PASSED THE FOLLOWING:
BA No. 6302 & 6855/2018
4
O R D E R
[ Bail Appl. 6302/2018 ,Bail Appl..6855/2018 ]
Petitioners are indicted as accused in Crime No.1548/2018 of Central Police Station, Ernakulam for offences punishable under sections 120B,143,147,148,341,506(ii), 323,324,326,307,302,201,212 read with section 149 IPC.
BA No. 6302 & 6855/2018
5
BA No.6302/2018. Accused Nos. 4 and 5 are the petitioners in B.A.No.6855/2018. Petitioners are in custody since the date of their arrest. Petitioners seek bail contending that even according to the prosecution, there was a clash between two groups of students which led to the above incident. There is absolutely nothing to indicate that there was a conspiracy and that there was no meeting of mind of accused to commit murder of the deceased person or any other person. It was contended that, the facts indicate that there was a clash between two group of persons in which both sides attacked each other and in the course of the attack, three persons sustained injuries. Petitioners herein have not committed any overtact nor facilitated commission of crime. It was contended that, the incident arose not inside the college campus as projected and the scene of occurrence was outside the college campus and on the public road. There was no pre meditated act since the facts disclosed eruption of sudden push and pull.
BA No. 6302 & 6855/2018
6
objected to it. There was some verbal altercation between the two groups in the course of the action. It was reported to the above group that, at about 12 midnight the Campus Front Group had pasted posters above the writings of the other group who had already written on it. It was questioned by the other group. Group led by one Mohammed including few outsiders belonging to the Popular Front Group came to the spot which was questioned by the other group. The Popular Front Group refused to remove their posters. There was a sudden altercation in which three persons sustained injuries, due to the usage of knives.
BA No. 6302 & 6855/2018
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altercations were immediately followed by unilateral attack by one group on the other and the attacked group sustained injuries. According to the prosecution, the first accused showed the deceased to the assailant. 9th accused wrongfully confined him. Pursuant to it, 10th accused stabbed on his chest. He died. 11th accused is stated to have wrongfully restrained CW2 and the 10th accused stabbed on stomach. He sustained serious injuries. 13th accused stabbed on the buttock of CW3. Version of the eye witnesses indicate that accused Nos.2,11 and 14 slapped and hit CW4. With a punch block, 3rd accused hit on CW6. 15th accused is stated to have hit CW4 with a stick. After the incident, all of them escaped from the scene.
Having considered the above facts, I feel that each of the accused has played a some role in the incident. Hence, at this stage, I am not inclined to grant bail to the petitioners.
BA No. 6302 & 6855/2018
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Bail application fails and are dismissed.
Sd/-
SUNIL THOMAS
JUDGE
dpk
3 issues framed by the court
Whether bail should be granted to accused charged under sections including offence punishable under sections 302 read with section 149 IPC in an unlawful assembly.
Whether the evidence discloses a premeditated conspiracy to commit murder or a sudden altercation.
Whether the petitioners have played a role in the incident warranting detention.
1 provisions across 1 enactments
ADIL BIN SALIM
BILAL SAJI
FAROOK AMANI
STATE OF KERALA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
