Allowed

Riyas Hussain, v. State of Kerala

Kerala HC26 Feb 2019Bail Appl./1115/2019

Case brief

AI extract

What is this about?

High Court of Kerala allowed bail applications for accused Nos. 2 and 3 in anIPC murder and conspiracy case arising from a clash between student groups. The court noted the lack of overt acts by the accused and granted bail on bond, passport surrender, and non-contact conditions.

What did the court decide?

Bail allowed subject to execution of bond, surrender of passport, non-threat of witnesses, and no new offences.

Riyas Hussain, Vs State of Kerala — Murder and Culpable Homicide | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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Bail Appl..No. 1110 of 2019

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AGAINST THE ORDER IN CRMP 352/2019 of SESSIONS COURT, ERNAKULAM DATED 05-02-2019

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CRIME NO. 1548/2018 OF ERNAKULAM CENTRAL POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED NO.2:

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ARIF BIN SALEEM, AGED 25 YEARS S/O MUHAMMED SALEEM, CHAMAKKALAYIL HOUSE, CHUNAGAMVELI KARA, ERUMATHALA P.O.ALUVA TALUK, ERNAKULAM DISTRICT.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT/STATE:

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STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031 (CRIME NO 1548/18 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT ).

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PP S SAJJU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2019, ALONG WITH Bail Appl..1115/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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TUESDAY ,THE 26TH DAY OF FEBRUARY 2019 / 7TH PHALGUNA, 1940

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Bail Appl..No. 1115 of 2019

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CRIME NO. 1548/2018 OF ERNAKULAM CENTRAL POLICE STATION , ERNAKULAM

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PETITIONER/ACCUSED NO.3:

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RIYAS HUSSAIN, AGED 37 YEARS S/O.HUSSAIN KALVATHI, FORT KOCHI.P.O., ERNAKULAM DISTRICT.

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BY ADVS. SRI.S.RAJEEV SRI.D.FEROZE SRI.K.ANAND (A-1921) SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY

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RESPONDENT/STATE:

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STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 (CRIME NO.1548/18 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT)

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PP S SAJJU

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.02.2019, ALONG WITH Bail Appl..1110/2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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O R D E R

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[BA.No.1110/2019 & BA.No.1115/2019]

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These applications for bail are filed by accused Nos.2 and 3 in Crime No.1548/2018 of Central Police Station, Ernakulam District, for offences punishable under sections 120B, 143, 148, 341, 506(ii), 201, 323, 324, 307 and 302 read with section 149 IPC.

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The second accused is the petitioner in BA No. 1110/2019 and the third accused is the petitioner in BA No. 1115/2019.

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The crux of the prosecution allegation is that, on 2/7/2018 at about 12.30 a.m., accused 1 to 16, along with few other accused, who are the workers of a Student Political Organisation, by name Campus Front of India, formed into an unlawful assembly and armed with deadly weapons, with the common intention of committing murder, attacked few students of the college, who are the members

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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of the another students political organisation. As a result of the attack, one of the student of the second group sustained fatal injury and succumbed to it. Two other persons of same group sustained injuries. One among them sustained grievous injuries. They were rushed to the hospital. Crime was registered and in the course of investigation, some accused were arrested.

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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 or any other person. It was contended that, the facts indicate that there was a clash between two groups 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 or facilitated the commission of

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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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 a sudden push and pull.

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After investigation, charge sheet was filed against 16 accused on 25/9/2018. Seven accused are still absconding charge sheet has been filed against them.

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Facts disclose that on 2/7/2018 at 9.30 a.m., one group of students, who belonged to the injured group, had written slogans on the various parts of the college, including outer wall, inviting freshers to the college. It seems that, the group in which accused are involved, 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

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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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 use of knives.

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Earlier bail application filed by the petitioner in BA.No.1115/2019 was rejected by this court on a premise that the petitioner herein was not a student of that college and he was an outsider. The specific allegation of the prosecution was that, the outsiders had entered into the college and attacked the victim and the injured.

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Opposing the application, the learned Public Prosecutor submitted that, that contingency still persist and stand against the petitioners. It seems that the specific allegation against the second accused is that he along with accused No.14 slapped CW4 on his face and they hit him. Regarding CW3, the allegation is that he had hit CW7. The wound certificate indicates that, victim had sustained a small lacerated wound 0.5 x 0.5 cm on the left cheek. It is true that A2 and A3 are not the students of

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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that college. However, the investigation has been completed and final report laid. There is no chance of the matter being taken up in the near future. The main overtacts which resulted in serious injuries to Abhimanyu and Rahul were inflicted by other co-accused. Having considered these facts, I am inclined to grant bail to the petitioners on the following conditions:

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(i). Each of the petitioner shall execute a bond for a sum of Rs. 60,000/-(Rupees sixty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court.

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(ii). They shall surrender their passport within one week from the date of execution of the bond and if they are not in possession of the passport, file an affidavit to that effect.

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(iii) They shall not threaten, coerce or intimidate the defacto complainant and witnesses.

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(iv). They shall not get involved in any other offence.

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Bail Appl..No. 1110 of 2019 & Bail Appl..No. 1115 of 2019

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Bail applications are allowed as above.

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Sd/- SUNIL THOMAS, JUDGE

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R.AV

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//True Copy//

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PA to Judge

Riyas Hussain, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Riyas Hussain, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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