Allowed

Abdul Basith v. State of Kerala

Kerala HC5 Sept 2019Bail Appl./5836/2019

Case brief

AI extract

What is this about?

The High Court of Kerala granted pre-arrest bail to nine students accused of offences under various IPC sections for causing hurt during campus clashes. The court directed establishment of a police outpost, allowed the college principal to enforce hostel residence rules, and granted bail subject to specific conditions.

What did the court decide?

Petitioners released on bail on Rs. 40,000 each with conditions of hostel residence and restricted campus access; police outpost established.

Abdul Basith Vs State of Kerala — Bail and Remand | 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 B.SUDHEENDRA KUMAR

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THURSDAY, THE 05TH DAY OF SEPTEMBER 2019 / 14TH BHADRA, 1941

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Bail Appl..No.5836 OF 2019

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AGAINST THE ORDER IN CRMC 591/2019 DATED 02-08-2019 OF SESSIONS COURT,MANJERI

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CRIME NO.88/2019 OF Kuttipuram Police Station, Malappuram

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PETITIONER/S:

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1 ABDUL BASITH, AGED 21 YEARS, S/O.ALI, PATHIYIL HOUSE, KOLAMANGALAM VILLAGE, KATTIPPARUTHI DESAM, VALANCHERI, MALAPPURAM DISTRICT.

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2 NAHAL RASHEED, AGED 20 YEARS S/O.RASHED, CHOLULLIYIL HOUSE, PUNNAYOORKULAM VILLAGE, DESAM, CHAVAKKAD TALUK, THRISSUR DISTRICT.

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3 HARIKRISHNAN, AGED 22 YEARS S/O.BHARATHAN, CHALIYATH HOUSE, CHENNARA VILLAGE, MANGALAM DESAM, MALAPPURAM DISTRICT.

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4 MUHAMMED FAYAS.K.K. AGED 21 YEARS, S/O.MUHAMMED ALI, KAPPATTUKIZHAKKAYIL HOUSE, KALLACHI VILLAGE, VANIMEL DESAM, VADAKARA, KOZHIKODE DISTRICT.

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5 BASIL, AGED 22 YEARS S/O.MUSTHAFA, MELEDATH HOUSE, MUKKAM VILLAGE, CHENNAMANGALAM DESAM, KOZHIKODE DISTRICT.

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6 VYSHAK.T.K. AGED 23 YEARS

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S/O.KRISHNADASAN, SOUPARNIKA HOUSE, VALLIKKUNNU VILLAGE, CHELAMBRA DESAM, MALAPPURAM DISTRICT.

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-: 2 :-

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Bail Appl..No.5836 OF 2019

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7 MUHAMMED ASLAM AGED 21 YEARS S/O.ABDUL KAREEM.K.K., KARUMATH VALAPPIL HOUSE, PORKULAM VILLAGE, DESAM, KUNNAMKULAM TALUK, THRISSUR DISTRICT.

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8 ADIL RAFEEQ AGED 22 YEARS S/O.RAFEEQALI, ISHAL HOUSE, TIRUR VILLAGE, THEKKANKUTTUR DESAM, PULLUR MALAPPURAM DISTRICT. 9 MUJBAL MARAKKAR AGED 23 YEARS S/O.MUHAMMED KUTTY, KODIYILL HOUSE, KAMBIDI VILLAGE, DESAM, PALAKKAD DISTRICT. BY ADVS. SRI.RAJIT K.A.SHARAFUDHEEN

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RESPONDENT/S:

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

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2 ADDL R2 THE PRINCIPAL, MES ENGINEERING COLLEGE, KUTTIPURAM. IS IMPLEADED AS PER ORDER DATED 14/08/2019 IN BA-5836/2019

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R2 BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM) R2 BY ADV. SRI.A.FAZALUDEEN

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OTHER PRESENT:

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SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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-: 3 :-

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Bail Appl..No.5836 OF 2019

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O R D E R

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The petitioners are accused in Crime No. 88 of 2019 of Kuttippuram Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 324 and 326 read with Section 149 IPC.

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The prosecution allegation is that on 20-3-2019 at about 4.50 p.m., the petitioners who are the students of M.E.S. Engineering College, Kuttippuram attacked the informant and his friend Shiyas with sticks and stones, causing injuries including grievous hurt on the injured.

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The petitioners have filed this application under Section 438 Cr.P.C.

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Heard.

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-: 4 :-

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Bail Appl..No.5836 OF 2019

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When this matter came up for consideration on 14-8-2019, the learned Public Prosecutor submitted that there were continuous clashes between the students in the MES college, Malappuram. In view of the above submission of the learned Public Prosecutor, this Court impleaded the Principal of the College as the additional second respondent. This Court also talked to the Principal of the College in the presence of the Manager, P.T.A. President of the College, the learned Public Prosecutor, the learned counsel for the petitioners and the learned counsel for the second respondent, in the Chamber on 20-08-2019 at 3.30 p.m. to explore the possibility of desisting the recurrence of clashes in the College. It was stated by the Principal that most of the students are residing outside the College premises eventhough hostel facilities are available in the College premises. Since the students are residing outside the

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-: 5 :-

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Bail Appl..No.5836 OF 2019

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College premises, they get opportunity to get associated with anti-social elements. Therefore, the College has no control over the students after their class hours. The above fact led to the frequent clashes in the College premises. In the said circumstances, the Principal requested this Court to issue a direction to the students to reside in the college hostel, vacating the premises outside.

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The learned counsel for the petitioners has submitted that petitioner Nos. 1 to 3 , 6 and 7 had already vacated the rented accommodation outside the premises and started occupying the rooms in the hostel from yesterday onwards as orally directed by this Court. It has been further submitted by the learned counsel for the petitioners that petitioner Nos. 4,5,8 and 9 had already completed their B.Tech Degree course and hence they will not be permitted to reside in the hostel.

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-: 6 :-

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Bail Appl..No.5836 OF 2019

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When this matter has been taken up today, the learned Public Prosecutor has submitted that 59 crimes were registered in connection with various clashes inside the premises of the college during the last five years. The learned Public Prosecutor has further submitted that 11 crimes were registered in connection with the clashes inside the premises of the college during the current year. The learned Public Prosecutor has also requested to issue directions to the District Police Chief, Malappuram District to maintain law-and-order situation inside the premises of the College by establishing a police out-post just outside the College premises.

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It has been submitted by the learned Public Prosecutor that the petitioners have no criminal antecedent. There is no party politics in the campus,

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-: 7 :-

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Bail Appl..No.5836 OF 2019

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submitted by the learned counsel for the petitioners, the learned counsel for the second respondent and the learned Public Prosecutor.

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Considering the facts and circumstances of the case, including the fact that the petitioners are first time offenders, and also taking into consideration of the fact that the petitioners are students pursuing B.Tech Degree Course, I am inclined to grant pre-arrest bail to the petitioners.

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However, since the situation in the MES Engineering College, Kuttippuram is alarming, it is necessary to issue directions to ensure the peaceful atmosphere in the campus. In the said circumstances, the District Police Chief, Malappuram is directed to establish a police-outpost just outside the College premises and ensure the peaceful atmosphere inside the premises. The

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-: 8 :-

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Bail Appl..No.5836 OF 2019

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police shall be at liberty to enter into the premises of the College without waiting for the permission of the Principal in case of necessity. The District Police Chief will ensure that proper and periodic intelligence report with regard to the law-and-order situation inside the premises, is received by him. Whenever it appears that the peaceful atmosphere in the Campus is likely to be disturbed, the police shall take effective measures to prevent the happening of untoward incidents in the premises even by entering into the premises.

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If the Principal/Management is satisfied that issuance of direction, to the effect that all students who are not day scholars shall stay in the hostel situated inside the premises, is necessary to avoid frequent clashes inside the premises, the Principal shall have every right to issue such direction. The Principal shall have every right to enforce discipline in the Campus.

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-: 9 :-

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Bail Appl..No.5836 OF 2019

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In the result, this application stands allowed, and the first respondent is directed to release the petitioners on bail, in the event of their arrest in connection with the above said crime, on condition of each of the petitioners executing a bond for Rs. 40,000/- (Rupees forty thousand only) each with three solvent sureties each, each for the like sum to the satisfaction of the Station House Officer concerned, before whom the petitioners shall surrender within ten working days, if not arrested in the meantime, and subject to the following further conditions:-

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(i) One of the sureties shall be one of the parents of the petitioner concerned whether or not he/she is having property in his/her name.

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-: 10 :-

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Bail Appl..No.5836 OF 2019

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(ii) The petitioner Nos. 1 to 3, 6 and 7 shall not go out from the premises of the College without the written permission of the Principal until further orders.

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iii) The petitioner Nos. 4, 5, 8 and 9 shall not enter into the premises of the College except for the purpose of appearing for the examinations, until further orders.

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Sd/-B.Sudheendra Kumar, Judge.

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Ani/

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/true copy/

Abdul Basith v. State of Kerala

Case brief

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Abdul Basith v. State of Kerala

Case brief

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