Hani Atta et al. v. State of Kerala (BA Nos. 9006, 9019, 9042, 9046 of 2022)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: VIJU ABRAHAM
Judgment Date: 2022-12-13
Court Decision / Holding: Anticipatory bail granted to the petitioners with stringent conditions.
Final Disposition: Bail Granted (anticipatory bail) with conditions

Parties to the Case

Appellants / Petitioners

Hani Atta
Atul Sunil
Sachin Girish
Abdul Akbar C
Aman Roshan
Sourav Sagar P
Muhammed Ameen
Faris Muhammed K.C
Athul Sunil
Thejas K R

Respondents

State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• Sajna T. Ummer
• Sadiqali.M

Counsels for Respondents

• M. C. Ashi
• Nima Jacob

Case Synopsis & Summary

On 13 December 2022, the Kerala High Court, Viju Abraham J., heard four anticipatory bail petitions (BA Nos. 9006, 9019, 9042, 9046 of 2022) arising from Crime Nos. 1108/2022 and 1111/2022 of Kalamassery Police Station, Ernakulam. Ten accused, students at CUSAT, faced charges under IPC sections 143, 147, 148, 341, 323, 324, read with 149, later supplemented by Section 308, relating to a campus incident on 26 October 2022 at the Sahara Hostel. The petitioners contended they were falsely implicated and had themselves been attacked; they submitted they are students and require anticipatory bail, noting the existence of related crimes and the involvement of multiple persons. The State opposed bail, arguing the gravity of the offences and the campus enmity linked to drug campaigns. After hearing counsel for both sides, the court allowed anticipatory bail with stringent conditions: bond of Rs 50,000 with two solvent sureties, periodic appearance before the investigating officer (every Saturday at 11 am until final report), cooperation with investigation, no tampering with evidence or witnesses, refrain from inducing witnesses or committing further offences, and submission to police procedures. The order also cites the Supreme Court's Sushila Aggarwal decision to confirm that police power to investigate and recover information persists even on bail. The petitions are disposed of with directions to ensure public order while safeguarding the petitioners’ liberty.

Provisions of Law Cited

Section 143 IPCSection 147 IPCSection 148 IPCSection 341 IPCSection 323 IPCSection 324 IPCSection 149 IPC (read with)Section 308 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that they have been falsely implicated in the college campus incident; they contend they were attacked and injured, and that they are students; they seek anticipatory bail due to potential arrest and the consequences; they point to involvement of other related FIRs and maintain lack of intention to commit violence; they assert protection should be granted with conditions.

Contentions of Respondents

The Public Prosecutor opposes bail, arguing the seriousness of the offences and the campus clash inside the Sahara Hostel; the prosecution notes the political enmity with SFI and MSF factions, and cites that the 2nd accused is involved in another crime; claims that custody and investigation are necessary.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Sushila Aggarwal and others v. State (NCT of Delhi) and another	2020 (1) KHC 663	Positive	Cited to support the principle that police power to investigate and recover information persists even when bail is granted, justifying the court’s conditional directions.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 BAIL APPL. NO. 9006 OF 2022** **CRIME NO.1111/2022 OF Kalamassery Police Station, Ernakulam** ## **PETITIONERS/ACCUSED 1 TO 4:** 1 HANI ATTA AGED 22 YEARS S/O ATTAKOYA THANGAL, MAKKEEMTAVIDA HOUSE, KUTTIYADI POST,KOZHIKODE DISTRICT, PIN - 673508 2 ATUL SUNIL AGED 21 YEARS S/O DR. SUNILKUMAR, ARATHI, KUNNATHURMEDU, PALAKKAD DISTRICT., PIN - 678013 3 SACHIN GIRISH,AGED 24 YEARS S/O GIRISH, SREEPARNAM, KAKKODI P.O., KOZHIKODE DISTRICT, PIN - 673611 4 ABDUL AKBAR C,AGED 22 YEARS,S/O ISMAYIL, ACHIPRAVALAPPIL HOUSE,PONNANI, MALAPPURAM DISTRICT., PIN - 679573 BY ADVS. SAJNA T.UMMER SADIQALI.M ## **RESPONDENT/STATE:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI. M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Bail Appl..9019/2022, 9042/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 BAIL APPL. NO. 9019 OF 2022** **CRIME NO.1108/2022 OF Kalamassery Police Station, Ernakulam** ## **PETITIONERS/ACCUSED:** 1 AMAN ROSHAN, AGED 22 YEARS S/O RAFEEQ P.K, KALLUVALAPPIL HOUSE, UPHILL MALAPPURAM, PIN - 676505 2 SOURAV SAGAR P, AGED 21 YEARS S/O DINESH KUMAR P, POTTENGAL HOUSE KOTTAKKAL PO., PIN - 676503 3 MUHAMMED AMEEN, AGED 23 YEARS S/O ABDUL KHADER, VIYYOORKANDY HOUSE, NADUVANNUR PO, KOZHIKODE., PIN - 673614 4 FARIS MUHAMMED K.C, AGED 21 YEARS S/O MUSTHAFA VP,KUNIVAYAL HOUSE , MURIYANAL, KUNNAMANGALAM PO, PIN - 673571 BY ADVS. SAJNA T.UMMER SADIQALI.M ## **RESPONDENT/STATE:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SMT.NIMA JACOB THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Bail Appl..9006/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 BAIL APPL. NO. 9042 OF 2022** **CRIME NO.1108/2022 OF Kalamassery Police Station, Ernakulam PETITIONER/5TH ACCUSED:** ATHUL SUNIL AGED 21 YEARS S/O DR. SUNILKUMAR, AGED 21 YEARS, ARATHI, KUNNATHURMEDU, PALAKKAD DISTRICT, PIN - 678013 BY ADVS. SADIQALI.M SAJNA T.UMMER ## **RESPONDENT/STATE:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI.M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Bail Appl..9006/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 4** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **TUESDAY, THE 13[TH] DAY OF DECEMBER 2022 / 22ND AGRAHAYANA, 1944 BAIL APPL. NO. 9046 OF 2022** **CRIME NO.1111/2022 OF Kalamassery Police Station, Ernakulam PETITIONER/6TH ACCUSED:** THEJAS K R AGED 21 YEARS S/O RAJENDRAN, KOLLATH HOUSE KANDASSANKADAVU PO , THRISSUR, PIN - 680613 BY ADVS. SADIQALI.M SAJNA T.UMMER ## **RESPONDENT/STATE:** STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI.M.C.ASHI THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13.12.2022, ALONG WITH Bail Appl..9006/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 5** ## **VIJU ABRAHAM, J.** **-------------------** **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 -----------------------------------------Dated this the 13[th] day of December, 2022** ## **ORDER** Application for anticipatory bail. 2. B.A.Nos.9019 of 2022 & 9042 of 2022 are filed by accused 1 to 4 & 5 respectively in Crime No.1108 of 2022 of Kalamassery Police Station, Ernakulam registered alleging commission of offences punishable under Sections 143, 147, 148, 341, 323, 324, r/w Section 149 of IPC and subsequently Section 308 IPC was incorporated. 3. The prosecution allegation is that, on the basis of statement given by Muhammed Nayeem S/o Muhammed Ashraf, Moolepadam, Mannath Road, Vazhakkala, Thrikkakara, who is an active SFI Member in the college, alleging that the accused Nos.1 to 10 having the motive of inflicting harm on the defacto complainant for his act of complaining against them before the University Registrar and Police, on 26-10- ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 6** 2022 at 11 a.m. and behind the School of Engineering Software Block in CUSAT, the 1st accused beat him with iron rod on the right leg thigh and 2nd accused with his hands hit him on his nose and the other accused beat the defacto complainant and his companions with their hands and legs. 4. Whereas B.A.Nos.9006 of 2022 & 9046 of 2022 are filed by accused Nos.1 to 4 & 6 respectively in Crime No.1111 of 2022 of Kalamassery Police Station registered alleging commission of offences punishable under Sections 143, 147, 148, 324, 308, r/w Section 149 of IPC. 5. The prosecution allegation is that, on the basis of statement given by Jithin T. S/o Chandran, Koovode, Thaliparamba, Kannur, who is an active SFI Member in the college, alleging that the accused being members of Fraternity, MSF Association having previous enmity against SFI workers holding anti-drug campaigns, then attacked him and four others on 26-10-2022 at about 4.15 hours inside the Sahara Hostel of the CUSAT ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 7** Campus. 6. The petitioners submit that they have been falsely implicated in the above said crimes and in fact it is the petitioners who have been attacked and in connection with the same, two other crimes were registered as Crime No.1109/2022 and 1110/2022 in which the defacto complainant in Crime No.1108 of 2022 is the 1[st] accused in Crime No.1109 of 2022, whereas the defacto complainant in 1111 of 2022 is the 2[nd] accused in Crime No.1110 of 2022. The case of the petitioners is that they were brutally attacked by the defacto complainant and 7 others and they sustained serious injuries and they further submit that they are all students. 7. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 8. The learned Public Prosecutor opposed the applications for bail, mainly contending that a campaign was initiated by the defacto complainant against drugs and due to the enmity, inside the Sahara Hostel of the University Campus they were attacked ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 8** with dangerous weapons and they sustained serious injuries including fracture. Learned Public Prosecutor further submitted that the 2[nd] accused in Crime No.1108 of 2022 is involved in another crime, i.e Crime No.421 of 2022 registered by the Kalamassery Police Station. Having regard to the facts and circumstances of the case, and nature of the allegations, and taking into consideration the fact that the petitioners are all students, I am inclined to grant anticipatory bail to the petitioners, but on stringent conditions. The above bail applications are allowed with the following directions. The petitioners shall surrender before the investigating officer on 17.12.2022 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 cooperate with the investigation. In the event of arrest of the petitioners in Crime Nos.1111 & 1108 of 2022 of Kalamassery Police Station, they shall be produced before the jurisdictional Magistrate on the same day ## **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 9** and be released on bail on the following conditions: _(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 Nos.1111 & 1108 of 2022 of Kalamassery Police Station, on every Saturday at 11 am till filing of final report and also as and when required 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 Nos.1111 & 1108 of 2022 of Kalamassery 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 any given by any of the petitioners even when the petitioners are **B.A. Nos.9006, 9019, 9042 & 9046 of 2022 10** 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