Goutham Krishna and others v. State of Kerala

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM THURSDAY, THE 5[TH] DAY OF JANUARY 2023 / 15TH POUSHA, 1944 BAIL APPL. NO. 8585 OF 2022** ## **PETITIONERS/ACCUSED 1,2,4 & 6:** 1 GOUTHAM KRISHNA AGED 21 YEARS,S/O HARIDAS K.,KANDATH HOUSE, MANNUTHY P.O., THRISSUR TALUK, THRISSUR DISTRICT,, PIN - 680651 2 AMAN AGED 19 YEARS,S/O DILEEP,ANARAMBATH HOUSE, CHELAKKAD P.O.,VADAKARA, CALICUT DISTRICT,, PIN - 673506 3 ASWIN AGED 21 YEARS,S/O ASOKAN,KOORATT HOUSE, KALLETTUMKARA P.O.,MUKUNDAPURAM TALUK, THRISSUR DISTRICT,, PIN - 680683 4 SANANTH AGED 19 YEARS,S/O SADANANTHAN,AMMATTU HOUSE, CHALISSERY P.O., PALAKKAD DISTRICT,, PIN - 679536 BY ADV K.RAJESH KANNAN ## **RESPONDENT/STATE:** STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ## **OTHER PRESENT:** PP:SEETHA S THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. No.8585 of 2022 2** ## **VIJU ABRAHAM, J.** **-------------------** ## **B.A. No.8585 of 2022** **-----------------------------** ## **Dated this the 5[th] day of January, 2023** ## **ORDER** Application for anticipatory bail. 2. Petitioners are accused Nos.1, 2, 4 & 6 in Crime No.1018 of 2022 of Thrissur Town West Police Station, Thrissur registered alleging commission of offences punishable under Sections 143, 147, 148, 308, 324 and 323 r/w Section 149 of IPC. 3. The prosecution allegation is that, the accused persons who were 7 in number, along with 7 others on 22.09.2022 at about 8.45 p.m, with wooden sticks and bricks attacked the defacto complainant's friend Ajin Loo for having made a complaint before the police regarding a threat made by some students of Kerala Varma Collage, Thrissur against the brother of Ajin Loo. The petitioners had assaulted the friend of the defacto complainant Ajin Loo and ## **B.A. No.8585 of 2022 3** when one Ayaas tried to resist the attack, the petitioners attacked him too and thereby committed the above said offences. 4. The petitioners submit that they have been falsely implicated in the above said crime. The Petitioners are students studying in Sree Kerala Varma College, Thrissur for 3[rd] year B.A philosophy. The de-facto complainant was a former student of the same college. The petitioners along with other college students had arranged a celebration for Onam. During the celebration, de facto complainant’s brother started ragging the students in the college and this led to a quarrel among the students. The de-facto complainant who is not even a student of this college entered into the scuffle and hit one of the students on the head with his fist. This was questioned by the other students and later the students decided to file a complaint against the defacto complainant before the police. This infuriated ## **B.A. No.8585 of 2022 4** the de-facto complainant, who later filed a false complaint before the police against some of the students of the college on the basis of a false ragging case, through the de-facto complainant’s brother Sanin, who is also studying in the same college. None of the petitioners were involved in the said issue. Police called some of the students to the police station and got an undertaking from them that no further issue will be made. On 22/9/2022, the de-facto complainant came to the gate of the college hostel and threatened the students of the hostel that he will finish the students who are against him. He purposefully provoked the students who were present there. He and his accomplice Ayaas who is a student of the college even pushed the students present there. This led to a scuffle among the students and the de-facto complainant and his accomplice. Seeing the said situation, the petitioners and some other students tried to stop the fight by shoving them away and thereby de- ## **B.A. No.8585 of 2022 5** escalate the fight among the students. During that time Ajin Loo and Ayas fell down and sustained injuries. The petitioners had no other way to stop the fight from escalating further. The de-facto complainant is trying to implicate the petitioners falsely in this case with the help of his brother solely to wreak vengeance against the petitioners for raising their voice against the de facto complainant’s ragging in the college campus. Petitioners further submit that they have no other criminal antecedents. 5. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 6. The learned Public Prosecutor opposed the application for bail mainly contending that the defacto complainant is also a student of the College and he was attacked by the petitioners and the 1[st] petitioner attacked him with a wooden reaper and he sustained injuries. Learned Public Prosecutor further submitted that the petitioners ## **B.A. No.8585 of 2022 6** are students and have no other criminal antecedents. Having regard to the facts and circumstances of the case, and nature of the allegations, I am of the opinion that custodial interrogation is not required for the purpose of investigation and only a limited custody be granted for the same. I am inclined to grant anticipatory bail to the petitioners, but on stringent conditions. The above bail application is allowed with the following directions. The petitioners shall surrender before the investigating officer on 11.01.2023 and make themselves available for interrogation on that day or on any other day/days and time as directed by the investigating officer. The petitioners shall co-operate with the investigation. In the event of arrest of the petitioners in Crime No.1018 of 2022 of Thrissur Town West Police Station, they shall be produced before the jurisdictional Court on the same day and be released on bail on the following conditions: ## **B.A. No.8585 of 2022 7** _(i) The petitioners shall execute a bond for sum of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;_ _(ii) The petitioners shall appear before the investigating officer in Crime No.1018 of 2022 of Thrissur Town West Police Station, on every Saturday at 11 am, till the final report is filed and shall also co-operate with investigation as and when summoned for the said purpose by the investigating officer;_ _(iii) The petitioners shall not tamper with any evidence;_ _(iv) The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with them from disclosing such facts to the court or to any police officer;_ _(v) The petitioners shall not involve in any other crime while on bail._ If any of the aforesaid conditions are violated, the Investigating Officer in Crime No.1018 of 2022 of Thrissur West Town West Police Station may file an application before the jurisdictional court for cancellation of bail. It is made clear that it is within the power of the police to investigate the matter and if necessary to effect recoveries on the information if ## **B.A. No.8585 of 2022 8** any given by any of the petitioners even when the petitioners are on bail as per the judgment of the Apex Court in _**Sushila Aggarwal and others v. State (NCT of Delhi) and another (2020 (1) KHC 663)**_ . sd/- **VIJU ABRAHAM,JUDGE** pm