This bail application was filed by students accused of clashing, abusing, and causing hurt to a college principal during an event. The court found doubts about the genuineness of the allegations and allowed the application.
Petitioners released on bail on executing a bond of Rs.10,000/- each with two sureties and depositing Rs.5,000/-
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 K. BABU
THURSDAY, THE 17TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA,
1944
BAIL APPL. NO. 7589 OF 2022
CRIME NO.198/2022 OF AGALI POLICE STATION, PALAKKAD
PETITIONERS/ACCUSED 1-4:
1 SREEHARI, AGED 20 YEARS,S/O GIREESHAN K., KATTIGAL VEEDU, ONAKKADU, OZHUR, MALAPURAM, PIN - 676307 2 NASEEB, AGED 20 YEARS, S/O MUHAMMADALI, VALIYAPEEDIYAKKAL, EDAVANNA, MALAPPURAM, PIN - 676123 3 SHABEEB MALOOF, AGED 20 YEARS, S/O SHAMSUDEEN, ELLIKKAL HOUSE,POOCHINGAL, KAVUMPADI ROAD PALLIKKAL MALAPPURAM, PIN - 676517 4 SARAG P RAJ, AGED 19 YEARS, S/O RAJESH, PALLUVEETIL HOUSE, ARAKURISSI, MANNARKKAD, PIN - 678582 BY ADV VINOD KUMAR.C
RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR VIPIN NARAYANAN,PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A No.7589 of 2022
2
K.BABU, J.
B.A No.7589 of 2022
Dated this the 17th day of November, 2022
O R D E R
This is an application filed under Section 438 of the Code of
Criminal Procedure.
The petitioners are students of RGM Government College,
Kotathara. On 01.09.2022 at 4.00 p.m, during onam celebration, the petitioners indulged in a clash with the other students of the college. The principal, who is the defacto complainant, interfered and tried to pacify the students. The petitioners wrongfully restrained the
B.A No.7589 of 2022
3
defacto complainant, showered abusive words and voluntarily caused hurt to him. They also caused damage to the CCTV camera installed in the college causing a loss of Rs.5,000/- to the State.
in the alleged incidents. A clash occurred between two groups of students on the premises of the college in connection with the onam
celebration. Some of the students caused damage to the CCTV camera installed in the college. The petitioners have been implicated as accused on mistaken identity.
petitioners. The petitioners could establish a prima facie case for
getting the benefits contemplated in Section 438 Cr.P.C.
In the result, this Bail Application is allowed as follows :-
B.A No.7589 of 2022
4
Investigating agency.
K.BABU,
KAS
B.A No.7589 of 2022
5
APPENDIX OF BAIL APPL. 7589/2022
PETITIONER ANNEXURES Annexure1 COPY OF FIR IN CRIME NO 198/2022 OF AGALI POLICE STATION DT 1.09.2022 Annexure2 COPY STATEMENT GIVEN BY DEFACTO COMPLAINANT TO THE AGALI POLICE DT 01.09.22
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. considering the doubts regarding the genuineness of the allegations.
Whether the petitioners have established a prima facie case for the benefit of anticipatory bail.
3 provisions across 3 enactments
SREEHARI
NASEEB
SHABEEB MALOOF
SARAG P RAJ
STATE OF KERALA
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
