Jasir Muhammad vs State Of Kerala

Bechu Kurian Thomas, J

These are applications seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

Petitioners are the accused in Crime No.836/2023 of Kalamasserry Police Station, Ernakulam District, alleging offences punishable under Sections 143, 147, 148, 294(b), 506, 323, 324 and 308 r/w Section 149 of the Indian Penal Code, 1860.

According to the prosecution, on 03.05.2023, at the campus of Cochin University of Science and Technology, the accused attacked the defacto complainant during the conduct of a festival by name ‘Sargothsavam 2023’, on account of an enmity and thereby committed the offences alleged.

Sri.Geevan T Charles, Sri. Rahib K.Y and Sri..Antony Thomas, the learned counsel appearing for the petitioners, vehemently contended that, the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that, petitioners are all students of engineering and that going by the prosecution allegation, only a minor scuffle had occurred. According to the learned counsel, the minor scuffle has now been portrayed as a serious offence and though the defacto complainant had not suffered any injury and the petitioners were the persons who suffered injuries, the crime has now been registered against petitioners wrongly and with malafides. It is also submitted that, petitioners are willing to abide by any conditions that may be imposed upon them

Sri. Manu.P.G and Smt.Neema.T.V, the learned Public Prosecutors, appearing in these three cases, opposed the application and submitted that, the allegations are serious, requiring custodial interrogation. It was also submitted that, the nature of offences and the type of injuries sustained by the defacto complainant clearly indicate that, petitioners are required to be interrogated under custody.

I have considered the rival contentions.

Admittedly, petitioners are students of the engineering college of the Cochin University of Science and Technology. Festival by the name ‘Sargothsavam 2023’ has been conducted and the prosecution allegation is that the petitioners had, due to an enmity against the defacto complainant and others, attacked them with an iron rod and inflicted serious injuries on the defacto complainant. Even though the allegations are serious in nature, considering the fact that, petitioners are all young students, I am of the view that, limited custody of the petitioner for the purpose of interrogation would suffice the investigation.

Accordingly, these bail applications are allowed on the following conditions:

a) Petitioners shall appear before the Investigating Officer on 24.06.2023 and shall subject themselves to interrogation from 9.00 am to 1.00 pm.

b) If after interrogation, the Investigating Officer proceeds to arrest the petitioner, then, they shall be released on bail on them executing a bond for Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum before the Investigating Officer.

c) Petitioners shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

d) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall they tamper with the evidence.

e) Petitioners shall not commit any similar offences while they are on bail.

f) Petitioners shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.