IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 Bail Appl..No. 8875 of 2011 CRIME NO.1956 OF 2011 OF KALAMASSERRY POLICE STATION. PETITIONER/IST ACCUSED ------------------------------------------ NIDHIN SYAM, S/O.DR.SYAM PRAKASH, AGED 20, ENGINEERING STUDENT, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, HAVING PERMANENT RESIDENCE AT SYAMA, RG 123, PONGUMMOOD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM-11. BY ADV. SRI.E.B.SHIVANANDAN SRI.RANJIT.K.MATHEW RESPONDENT: COMPLAINANT -------------------------- SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8875 OF 2011 ------------------------------------------------------ Dated this the 9th day of December, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.1956 of 2011 of Kalamassery Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The incident took place as a result of clash between the students of the Cochin University of Science and Technology. The allegation is that on 12/10/2011 at 4.30 P.M., the de facto complainant and others were attacked by the accused with wooden sticks and they sustained injuries. 4. The learned counsel for the petitioner submitted that a committee was constituted by the University to enquire into the BAIL APPL. NO.8875 OF 2011 :: 2 :: incident. The enquiry report is marked as Annexure-A3. In the report, the various incidents have been narrated. The report indicates that the petitioner is involved in other offences also. The report states further thus:- “The Secretary, SNAS has since withdrawn the complaint which shows that the students do not harbour any animosity and the clash occurred at the spur of the moment when the students at the premises of the Sagar Hostel felt threatened by Ship Technology students gathering in large numbers. Despite suffering minor injuries, inmates of Sagar Hostel/students of SOE did not file complaints (neither with University nor Police) against Ship Technology students. This clearly indicates that they harboured no previous grudge against Ship Technology students and their resolve against retaliatory measures.” 5. When the Bail Application came up for admission on 28th November, 2011, the following order was passed: “5. Taking into account the facts and circumstances of the case and the nature of the offences, I am of the view that before considering the BAIL APPL. NO.8875 OF 2011 :: 3 :: question of granting anticipatory bail, the petitioner should be directed to appear before the investigating officer. Accordingly, there will be a direction to the petitioner to appear before the investigating officer on 04/12/2011 and 05/12/2011. 6. Post on 09/12/2011. 7. It is submitted by the learned Public Prosecutor that the petitioner will not be arrested in connection with Crime No.1956 of 2011 of Kalamassery Police Station, till 12/12/2011. 8. The petitioner shall co-operate with the investigating officer in the matter of investigation and for recovery of incriminating materials, if any. The petitioner shall produce a copy of this order before the investigating officer.” 6. It is submitted by the learned counsel for the petitioner that the direction in the order dated 28th November, 2011 has been complied with by the petitioner. 7. Taking into account the facts and circumstances of the case, the nature of the offence and also taking note of the fact that BAIL APPL. NO.8875 OF 2011 :: 4 :: the direction in the order dated 28th November, 2011 has been complied with by the petitioner, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release him on bail on his executing bond for `10,000/- (Rupees Ten thousand only) with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on alternate Sundays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/