High Court of KeralaSingle Judge2020-07-27Bail application allowed with conditions.

/null

Case / Petition Number:B.A.No.149 of 2020

Neutral Citation:/null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V.KUNHIKRISHNAN
Judgment Date: 2020-07-27
Court Decision / Holding: The Bail Application is allowed with directions: (1) petitioners shall appear before the Investigating Officer within ten days for interrogation; (2) if arrest is proposed, petitioners shall be released on bail on bond of Rs.50,000 each with two solvent sureties; (3) petitioners shall appear as required and cooperate with the investigation; (4) petitioners shall strictly observe social distancing and other guidelines regarding COVID-19; (5) petitioners shall appear before the Investigating Officer on all Mondays at 10 a.m. until the final report is filed; (6) if any condition is violated, the jurisdictional court may cancel bail. Interim orders restraining arrest continue until final disposition.
Final Disposition: Bail application allowed with conditions.

Parties to the Case

Appellants / Petitioners

Faisal
Ajal
Adarsh Dev
Kiran Murali
Anshid
K.K Syyid Siyad
C. Sahad
Azhar Ahammed

Respondents

The State of Kerala represented by Public Prosecutor, High Court of Kerala, Ernakulam
The Station House Officer, Malappuram Police Station, Malappuram District
Additional R3 Mohammed Sidan

Legal Representation & Advocates

Counsels for Petitioners

• Abdul Jawad K.
• Abdul Majeed N.
• A. Grancy Jose

Counsels for Respondents

• Ajith Murali
• Sunil N. Shenoi

Case Synopsis & Summary

This is a bail application under Section 438 CrPC filed by eight petitioners (accused Nos. 1 to 8) in Crime No.326/2019 of Malappuram Police Station, currently at the stage of challenge to an order in CRMC 1343/2019. The case arises from an alleged incident on 15.11.2019 inside the MCT Law College campus, where the petitioners along with others allegedly formed an unlawful assembly and attacked the defacto complainant with weapons and kicked/punched him, resulting in injuries. The petitioners contend it is a case of counter-allegations with corresponding FIRs (Criminal cases 320/2019 and 321/2019) and express willingness to abide by conditions if bail is granted. The prosecution asserts the injuries and that such campus violence cannot be tolerated, opposing bail. The court considers the general bail principle—bail is the rule and jail the exception—and invokes Supreme Court guidance on COVID-19 precautions in prisons (Re: Contagion of COVID-19 Virus In Prisons) and Kerala court directions, referencing a Full Bench decision (W.P(C) No.9400 of 2020) for social distancing norms. Ultimately, the court grants bail with stringent conditions, including interrogation within ten days, a bonds and sureties of Rs.50,000, regular appearances, cooperation with investigation, and compliance with COVID-19 norms; bail may be cancelled on violation. Interim orders restraining arrest remain in effect during the process.

Provisions of Law Cited

Section 438 CrPCSections 323, 324, 308, 143 r/w 149 IPC

Legal Doctrines & Maxims

Bail is the rule and jail is the exception.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submit that the case is a mix of incidents and counter-claims; they are ready to cooperate with the investigation and undergo interrogation; they seek bail with conditions, arguing that the incident occurred within a college campus and that the ongoing COVID-19 situation warrants restraint on custodial exposure. They emphasise that interim orders have restrained arrest and that the matter should be resolved with stringent conditions to ensure fair trial while balancing public order concerns.

Contentions of Respondents

The State/Prosecution opposes bail citing injuries to the defacto complainant and the seriousness of campus violence; the defacto complainant presents photographs and testimony of attacks, including use of finger rings and potential weaponry; the respondents urge that such conduct cannot be countenanced even in campus settings and require continued investigation, with bail only under strict conditions.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020)	Suo Motu Writ Petition(C) No.1 of 2020	Positive	Cited to justify social distancing and other directions in prison settings during the COVID-19 pandemic.
Chidambaram P v Directorate of Enforcement	2019 (16) SCALE 870	Positive	Cited for the principle that bail is the rule and jail is the exception, guiding the court’s approach to grant bail.
W.P(C) No.9400 of 2020	W.P(C) No.9400 of 2020	Mentioned Only	Full Bench directions on minimizing inmates in prisons cited for COVID-19 related norms; not a direct ruling on the bail issue.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against /null and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 27TH DAY OF JULY 2020 / 5TH SRAVANA, 1942** ## **Bail Appl..No.149 OF 2020** **AGAINST THE ORDER/JUDGMENT IN CRMC 1343/2019 DATED 18-12-2019 OF DISTRICT COURT& SESSIONS COURT,MANJERI** **CRIME NO.326/2019 OF Malappuram Police Station , Malappuram** ## **PETITIONERS/ACCUSED NOS.1 TO 8:** |**1**|**FAISAL**| |---|---| ||**AGED 18 YEARS**| ||**S/O. KUNHIMAN KHALID, 1ST YEAR BBA LLB STUDENT, MCT**| ||**LAW COLLEGE, ALATHURPADI, MALAPPURAM.**| |**2**|**AJAL,**| ||**AGED 18 YEARS**| ||**S/O. RAVI CHANDRAN, 2ND YEAR BBA LLB STUDENT, MCT LAW**| ||**COLLEGE, ALATHURPADI, MALAPPURAM.**| |**3**|**ADARSH DEV,**| ||**AGED 19 YEARS**| ||**S/O. K.P SHAJI, 2ND YEAR BBA LLB STUDENT, MCT LAW**| ||**COLLEGE, ALATHURPADI, MALAPPURAM.**| |**4**|**KIRAN MURALI,**| ||**AGED 18 YEARS**| ||**S/O. MURALIDHARAN, 2ND YEAR BBA LLB STUDENT, MCT LAW**| ||**COLLEGE, ALATHURPADI, MALAPPURAM.**| |**5**|**ANSHID,**| ||**AGED 24 YEARS**| ||**S/O. E.K ABDULSALAM, 3RD YEAR BBA LLB STUDENT, MCT**| ||**LAW COLLEGE, ALATHURPADI, MALAPPURAM.**| |**6**|**K.K SYYID SIYAD,**| ||**AGED 19 YEARS**| ||**S/O. SHAHUL HAMEED, 2ND YEAR BBA LLB STUDENT, MCT LAW**| ||**COLLEGE, ALATHURPADI, MALAPPURAM.**| |**7**|**C. SAHAD,**| ||**AGED 19 YEARS**| ||**S/O. UNNIMOIDEEN, 2ND YEAR BBA LLB STUDENT, MCT LAW**| ||**COLLEGE, ALATHURPADI, MALAPPURAM.**| B.A.No.149 of 2020 2 **8 AZHAR AHAMMED, AGED 19 YEARS S/O. NISAM A, 2ND YEAR BBA LLB STUDENT, MCT LAW COLLEGE, ALATHURPADI, MALAPPURAM.** **BY ADVS. SRI.ABDUL JAWAD K. SRI.ABDUL MAJEED.N SMT.A.GRANCY JOSE** ## **RESPONDENTS/STATE:** - **1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN 682 031** **2 THE STATION HOUSE OFFICER, MALAPPURAM POLICE STATION, MALAPPURAM DISTRICT 676 505 3 ADDL.R3 MOHAMMED SIDAN AGED 20, S/O BUSHRA, KAROTH HOUSE, VAIDYARANGADI, RAMANATTUKARA, FEROKE, KOZHIKODE. IS IMPLEADED AS ADDITIONAL R3 AS PER ORDER DATED 5/2/2020 IN CRL.MA NO.1/2020 IN BA.149/2020.** **R3 BY ADV. SUNIL N.SHENOI** ## **OTHER PRESENT:** ## **SRI.AJITH MURALI, PP** ## **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON** **27.07.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** B.A.No.149 of 2020 3 ## **P.V.KUNHIKRISHNAN, J** -------------------------------- B.A.No.149 of 2020 ------------------------------Dated this the 27[h] day of July, 2020 ## **O R D E R** This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference. 2. Petitioners are accused Nos. 1 to 8 in Crime No.326 of 2019 of Malappuram Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 323, 324, 308, 143 r/w 149 IPC. 3. The prosecution case is that the defacto complainant and accused are students of MCT Law College, Alathurpadi. It is alleged that on 15.11.2019, at about 3 p.m., at the college campus, the defacto complainant was walking towards the parking area. Then the accused along with other identifiable persons formed themselves into an unlawful assembly, armed with weapons and also in furtherance of their common B.A.No.149 of 2020 4 intention to commit culpable homicide, attacked the defacto complainant indiscriminately and voluntarily caused hurt to him by kicking and also punching on his face, nose etc., with metal ringed fingers. 4. Heard the counsel for the petitioners and the learned Public Prosecutor. 5. The defacto complainant is also impleaded in this case. Heard counsel for the dfacto complainant also. 6. The counsel for the petitioners submitted that it is case and counter case also. Crime Nos.320/2019 and 321/2019 are registered by the same police against the petitioners and the defacto complainant. In that case, the alleged incident was on 15.11.2019 at 3 p.m.. Subsequently, the present crime was registered on 19.11.2019 as Crime No. 326/2019. 7. According to the prosecution, the present incident also happened on 15.11.2019 at 3 p.m. The counsel for the petitioners submitted that the petitioners are ready to abide any conditions if this Court grant them bail. B.A.No.149 of 2020 5 8. The learned Public Prosecutor opposed the Bail Application. 9. The public Prosecutor submitted that the defacto complainant and his parties sustained injuries. These types of activities by the students cannot be appreciated in a college campus. 10. The counsel for the defacto complainant also opposed the Bail Application. The defacto complainant produced certain photographs which is taken by another student in which it can be seen that some of the students attacking using finger rings. It is also alleged that some of the accused used penknife. 11. This Bail Application is filed on 7.1.2020. This Court passed an interim order on 10.1.2020 restraining the arrest of the petitioners. The interim order is continuing even now. There are allegations and counter allegations about the same incident. Both parties were sustained injuries and which version is correct is to be investigated by the investigating officer. Considering the entire facts and circumstances of this case, I think this Bail Application can be allowed on stringent B.A.No.149 of 2020 6 conditions. 12. Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the Hon'ble Supreme Court in **Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020)** and a Full Bench of this Court in **W.P(C)No.9400 of 2020** issued various salutary directions for minimizing the number of inmates inside prisons. 13. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in **Chidambaram. P v Directorate of Enforcement (2019 (16) SCALE 870),** after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial. 14. Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed with the following B.A.No.149 of 2020 7 directions: 1. The petitioners shall appear before the Investigating Officer within ten days from today and shall undergo interrogation. 2. After interrogation, if the Investigating Officer propose to arrest the petitioners, they shall be released on bail executing a bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the officer concerned. 3. The petitioners shall appear before the Investigating Officer as and when required. The petitioners shall co-operate with the investigation and shall not threaten or attempt to influence the witnesses or tamper with the evidence. 4. The petitioner shall strictly abide by the various guidelines issued by the State B.A.No.149 of 2020 8 Government and Central Government with respect to keeping of social distancing in the wake of Covid 19 pandemic. 5. The petitioners shall appear before the investigating officer on all Mondays at 10 a.m till final report is filed. 6. If any of the above conditions are violated by the petitioner/petitioners, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is granted by this Court. Sd/- ## **P.V.KUNHIKRISHNAN, JUDGE** al/-