Devanath.R vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by accused Nos. 1 and 6 in Crime No.203/2023 of Kalady Police Station, Ernakulam under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the report of the Investigating Officer along with the copy of wound certificates and other relevant documents placed by the learned Public Prosecutor.

The prosecution case is that at about 5.30 pm on 17.03.2023 accused Nos. 1 to 12 formed into unlawful assembly with the knowledge that they are all members of the said assembly, armed with deadly weapons, and in prosecution of their common object, assaulted the de facto complainant and other College Union representatives, while Benale conducted by the College Union was going on, at Sree Sankara College, Kalady. Even though the de facto complainant and other college union members sustained very serious injuries, they survived. It is on this premise, the prosecution alleges commission of offences punishable under Sections 143, 144, 146, 147, 149, 307, and 326 r/w 34 of the IPC.

While pressing for grant of regular bail to the petitioners, who are students of the college, and their examination scheduled to start on 05.04.2023, the learned counsel for the petitioners would submit that the petitioners are innocent and they have no criminal antecedents. It is also submitted that a counter case vide crime No. 204/2023 also was registered in Kalady police station, therein also the prosecution alleges the commission of offences punishable under Sections 326 and 308 among other offences. The petitioners herein sustained injuries including dislocation of shoulder and hearing impairment in Crime No. 204/2023. The learned counsel appearing for the petitioners submitted that the petitioners may be released on bail with facility to write the annual examination, unless their academic career would be affected. The learned counsel also pointed out grant of bail to accused Nos. 1 and 2 in crime No. 204/2023 as per order in B.A.No. 2563/2023 dated 03.04.2023 in consideration of the examination. It is also pointed out that accused Nos. 2 and 3 in Crime No. 204/2023 who are the injured persons in the Crime No. 204/2023 also was granted anticipatory bail by this court today (04.04.2023) as per order in B.A.No. 2438/2023 and 2454/2023.

Whereas the learned Public Prosecutor pointed out the seriousness of the offences alleged and the primitive stage of the investigation, while opposing the plea of bail. At the same, it is also submitted that the petitioners have no criminal antecedents.

In B.A. No. 2563/2023 this court considered the injuries sustained to the injured persons in this crime viz. Arun Kunjumon and Akhil Kunjumon in paragraph No. 6 of the order and the same is as under:-

“6.On perusal of the copies of discharge records of Akhil Kunjumon and Arun Kunjumon who are arrayed as accused Nos. 3 and 4, Akhil Kunjumon sustained “tentorial subdural hemorrage on right side, undisplaced fracture of ramus of mandible on right side near neck, displaced fracture of alveolar process of right maxilla with dislodgement of adjacent teeth”. His CT chest is suggestive of lung contusion and he underwent inpatient treatment for a period of 17.03.2023 to 25.03.2023. The discharge record of Arun Kunjumon showed “minimally displaced chip fracture of superior margin of left zygomatic arch, minimally displaced fracture of left nasal bone” are also stated and he underwent inpatient treatment for a period of 17.03.2023 to 29.03.2023.”

Thus the prosecution case is well made out prima facie. In consideration of the fact that the petitioners are students and they will have to attend the examination scheduled on tomorrow (05.04.2023), otherwise they may lose an academic year, the petitioners are released on bail on conditions:-

i. The petitioners shall be released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioners shall not intimidate the witnesses or tamper with evidence. They shall co-operate with the investigation and shall be available for trial.

iii. The petitioners shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Saturdays between 9 am and 10 am, for a period of two months.

iv. The petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioners shall not involve in any other offence during the currency of bail and any such event, if reported, or came to the notice of this court, the same shall be a reason to cancel the bail hereby granted.