Dismissed

Shifin Ali v. State of Kerala

Kerala HC21 Aug 2019Bail Appl./5986/2019

Case brief

AI extract

What is this about?

In a bail application filed for offences relating to ragging under IPC and the Kerala Prohibition of Ragging Act, the High Court of Kerala held that the petitioner was not a fit case for anticipatory bail due to the serious nature of the allegations, dismissed the application, and directed surrender within fifteen days.

What did the court decide?

The bail application is dismissed. The petitioner is directed to surrender before the Investigating Officer within fifteen days.

Shifin Ali Vs State of Kerala — Bail and Remand | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

¶4

WEDNESDAY, THE 21ST DAY OF AUGUST 2019 / 30TH SRAVANA, 1941 Bail Appl..No.5986 OF 2019

¶5

CRIME NO.614/2019 OF Mannarkkad Police Station, Palakkad PETITIONER/S:

¶6

SHIFIN ALI, AGED 20 YEARS S/O. ALI, PADUVAMPADAN HOUSE, NALUKANDATHIL, EDATHANATTUKARA, ALANELLUR, MANNARKKAD TALUK, PALAKKAD DISTRICT.

¶7

BY ADV. SRI.P.JAYARAM

¶8

RESPONDENT/S:

¶9

THE STATE OF KERALA

¶10

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

¶11

OTHER PRESENT:

¶12

SRI.C.S.HRITHWIK,PUBLIC PROSECUTOR

¶13

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶14

-: 2 :-

¶15

Bail Appl..No.5986 OF 2019

¶16

ORDER

¶17

The petitioner is the sixth accused in Crime No. 614 of 2019 of Mannarkkad Police Station. The offences alleged are punishable under Sections 143, 147, 341, 323 and 325 read with Section 149 IPC and Section 4 of the Kerala Prohibition of Ragging Act, 1998.

¶18

The petitioner has filed this application under Section 438 Cr.P.C.

¶19

Heard.

¶20

The prosecution allegation is that on 15-7-2019 at about 2.30 p.m., the petitioner and the other accused ragged and brutally assaulted a first year student of M.E.S. Kalladi College of Mannarkkad and as a consequence, the victim sustained injuries including rapture of his eardrum.

¶21

The ragging is a menace to the Society. The bane of ragging is polluting the peaceful atmosphere in the Educational Institutions. Since ragging is a menace to the

¶22

-: 3 :- Bail Appl..No.5986 OF 2019

¶23

society, no amount of ragging can be permitted to be continued in any education institution. In this case, the petitioner and the other accused brutally assaulted the victim and caused injures, including rupture of his eardrum under the guise of ragging. The offences alleged against the petitioner are offences against the Society. Considering the nature and gravity of the allegations raised against the petitioner, I am of the view that this is not a fit case where an order under Section 438 Cr.P.C. in favour of the petitioner will be justified.

¶24

In the result, this bail application stands dismissed. However, the petitioner is directed to surrender before the Investigating Officer within fifteen days, if not arrested in the meantime.

¶25

Dated this the 21st day of August, 2019.

¶26

Sd/-B.Sudheendra Kumar, Judge.

¶27

Ani/

¶28

/true copy/

Shifin Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shifin Ali v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saju Bin Salim Vs State of Kerala

A.M.Kuriakose Vs State of Kerala

Unnikrishnan M.N., Vs the State of Kerala

Irshadali Vs State of Kerala

Muhammed Kunju @ Kalam Ani Vs State of Kerala

Manju.P.T Vs State of Kerala