Dismissed

Shabeeb Irfan N.K. v. State of Kerala

Kerala HC24 Oct 2019Bail Appl./7127/2019

Case brief

AI extract

What is this about?

The court dismissed an anticipatory bail application filed by students accused of causing serious injuries to fellow students during an altercation. The judge rejected the plea to extend the remedy due to exam dates and directed the applicants to surrender. App. No. 7127 of 2019.

What did the court decide?

Applicants directed to surrender before the Investigating Officer forthwith. Application dismissed.

Shabeeb Irfan N.K. Vs State of Kerala — Anticipatory Bail | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941

¶5

Bail Appl..No.7127 OF 2019

¶6

CRIME NO.543/2019 OF VIDYA NAGAR POLICE STATION , Kasargod

¶7

PETITIONER/S:

¶8

1 SHABEEB IRFAN N.K. AGED 20 YEARS S/O. KHALID, NELLIKUNNU (H), BERKA ROAD, CHENGALA PO, KASARAGOD.

¶9

2 MOHAMMED ARFATH K.A. AGED 20 YEARS S/O. ABOOBACKER KOVVAL, KOVVAL (H) CHEROOR (PO), KASARAGOD.

¶10

3 MOHAMMED ARSHAD AGED 21 YEARS

¶11

S/O. JABBAR, ULIYATHADIKA, RAHMATH NAGAR, SHIRIBAGILU (PO), KASARAGOD.

¶12

4 ABDUL DHANISH C.H AGED 20 YEARS S/O. BADUVAN KUNHI C.M., CHAYINTADI (H) CHERKALA (PO), CHENGALA, KASARAGOD.

¶13

5 MOHAMMED SABIR SANAD

¶14

AGED 18 YEARS

¶15

S/O. ABDUL KAREEM, SHANID VILLA, MOGAR ROAD, PO. PATLA, KASARAGOD.

¶16

6 MOHAMMED DILSHAD AKRAM

¶17

AGED 19 YEARS S/O. ABDUL KADAR, KARODY (H), ALAMBADY P.O., KASARAGOD.

¶18

7 ABDUL NASAR M. AGED 20 YEARS S/O.MOHAMMED KUNHI, BENDICHAL HOUSE, PO THEKKIL, KASARAGOD.

¶19

8 MUHAMMED ALIYAR M.A. AGED 20 YEARS S/O. ABDUL RAHMAN, MALIKAYIL HOUSE, POOCHAKKAD P.O., KASARAGOD.

¶20

Bail Appl..No.7127 OF 2019

¶21

¶22

9 ABOOBACKER SIDHEEQUE S/O. ZAINUDHEEN, PALLIKKAL HOSUE, ANANGOOR P.O., KASARGOD.

¶23

10 SALMANAL FARIZ S/O. IBRAHIM KHALEEL, SALMANATH HOUSE, KUNDERGARADUKKA, KUMNBALA P.O.

¶24

BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER

¶25

RESPONDENT/S:

¶26

STATE OF KERALA

¶27

THROUGH S.I. OF POLICE, VIDYANAGAR POLICE STATION, KASARGOD REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.

¶28

OTHER PRESENT:

¶29

SRI RAMESH CHAND PP

¶30

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 24.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶31

Bail Appl..No.7127 OF 2019

¶32

¶33

ORDER

¶34

This application is filed under Section 438 of the Cr.P.C.

¶35

The applicants herein are the accused Nos. 1 to 4 and 6 to 11 in

¶36

Crime No.543 of 2019 of the Vidyanagar Police Station registered under Sections 143, 147, 148, 341, 323, 324, 506 and 308 r/w. Section 149 of the Indian Penal Code.

¶37

Aforesaid crime was registered based on information furnished by one Sidharth, a 2^nd year Botany student, of the Govt. College, Kasaragod. According to him, he is an activist of the SFI and the applicants herein owe allegiance to the MSF. On 19.9.2019 at about 11.40 am., the applicants herein wrongfully restrained the informant while he was inside the college premises and he was attacked with iron rods and wooden sticks causing injuries. When his friends came to his rescue, they were also attacked and injuries were inflicted.

¶38

Sri. P.E. Sajal, the learned counsel appearing for the applicants submitted that the applicants are innocent. According to the learned counsel,

¶39

all that occurred on 19.09.2019, is a minor altercation and no serious injuries were sustained by the victims.

¶40

Bail Appl..No.7127 OF 2019

¶41

¶42

The learned Public Prosecutor has stoutly opposed the prayer. He has made available the wound certificate dated 19.9.2019 of Immanual, Vignaraj, Sidharth, and Sreeru. Relying on the wound certificates, it is pointed out that the victims had sustained serious injuries on vital parts of their body. It is further submitted that the 7^th applicant, Sri. Abdul Nasar has not been arrayed as an accused.

¶43

I have considered the submissions advanced and have perused the materials made available. The informant as well as the other victims are the students of the Government College, Kasaragod. The records reveal that they were brutally assaulted by the applicants with the aid of outsiders. The 10^th accused in the FIR is not even a student of the college. The wound certificate clearly shows the nature and extent of the injuries sustained by the students. In that view of the matter, I am unable to accede to the submission of the learned counsel that the allegations against the applicant herein are frivolous and fictitious. The contention of the learned counsel that the exam dates of the applicants have been fixed and that should be reckoned to extend the extra ordinary remedy of anticipatory bail does not appeal to me. Students, who pick up arms, and inflict serious injuries on fellow students on political grounds or for any other reason are not entitled to come to the courts of law and seek discretionary reliefs. If pre-arrest bail is granted to the applicants, it would send a wrong signal to the society in general and the

¶44

Bail Appl..No.7127 OF 2019

¶45

¶46

student community in particular. I find no reason to allow this application.

¶47

At this stage, Sri.Sajal, the learned counsel, submits that the applicants are ready to co-operate with the investigation. I direct the applicants to surrender before the Investigating officer forthwith. After interrogation, they shall be produced before the Court having jurisdiction. If an application for regular bail is preferred, the same shall be considered and orders shall be passed expeditiously and on its merits. Since it is submitted that the 7^th applicant is not an accused, the application, insofar as he is concerned, will stand closed.

¶48

This application is dismissed.

¶49

Sd/-

¶50

RAJA VIJAYARAGHAVAN V., JUDGE

¶51

IAP

Shabeeb Irfan N.K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shabeeb Irfan N.K. 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

Akhil Vs State of Kerala

Vishnu Vs State of Kerala

P.S.Soman Vs Sub Inspector of Police

Sharan @ Sharan.K.Prakash Vs State of Kerala

Ummer.v.a Vs the State of Kerala

Zakkir Vs State of Kerala