IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 7969 of 2011() CRIME No. 1828/2011 OF KALAMASSERY POLICE STATION, ERNAKULAM DISTRICT ---------------------------------------- PETITIONERS/ACCUSED 1 TO 7 ---------------------------------------------- 1. DILEEP SANKAR, IIIRD SEMESTER, COMPUTER B.TECH STUDENT, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 2. MUHAMMED MUSTAFA PERINCHERY, IIIRD SEMESTER(SAFETY),COMPUTER B.TECH STUDENT, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 3. MUBASHEER.T., IIIRD SEMESTER(SAFETY), B.TECH STUDENT,COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 4. TONY RAFI, VTH SEMESTER (ELECTRONICS), B.TECH STUDENT,COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 5. ASHWIN.K.M.VIITH SEMESTERR (IT), B.TECH STUDENT,COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 6. BIDUN.E.K., VIITH SEMESTERR (IT), B.TECH STUDENT,COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. 7. JITHIN.K.A., VTH SEMESTER (INFORMATION & TECHNOLOGY), B.TECH STUDENT, COCHIN UNIVERSITY OF SCIENCE & TECHNOLOGY, COCHIN-22. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA Contd...........2 -:2:- BA NO. 7969/2011 RESPONDENT(S): RESPONDENT/STATE & COMPLAINANT ----------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN-682 031. 2. THE SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY, COCHIN, PIN-683 104. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SD P.S.GOPINATHAN, J ---------------------------- B.A. NO. 7969 OF 2011 -------------------------- Dated this the 29th day of November, 2011. O R D E R Petition under Section 438 of the Code of Criminal Procedure. Petitioners are accused 1 to 7 in Crime No.1828/2011 of Kalamassery Police Station for offences under Sections 323, 324 and 326 r/w Section 34 IPC. Apprehending, arrest, detention and torture at the hands of the Investigation Officer, this petition is filed seeking an order directing the respondent to release the petitioners on bail in the event of arrest with a plea that they are innocent of the allegations. 2. Having heard either side, it is revealed that the case arose out of the college union election allegedly held on 20-09-2011. The learned Govt. Pleader submitted that at present there is no dispute between the rival groups and college campus is silent and that petitioners 1, 2, 6 and 7 are revealed from array of accused on finding that they are not involved in the incident. In the result, the petition as regards petitioners 1, 2, 6 and 7 are dismissed. The petitioners 3, 4 and 5 are directed to surrender before the Investigating Officer, who, after interrogation shall release the B.A. NO. 7969 OF 2011 2 petitioners on bail on executing a bond for Rs.20,000/- with two solvent sureties each for like amount to the satisfaction of the Investigating Officer subject to the following conditions :- 1. Petitioners shall report before the Investigating Officer as and when required. 2. Petitioners shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. 3. Petitioners shall not leave Ernakulam District without the previous permission of the Investigating Officer. 4. This order shall be in force for a period of one month, within which period the petitioners shall apply for regular bail, failing which the Investigating Officer shall arrest the petitioners and produce them before the Magistrate concerned. P.S.GOPINATHAN, JUDGE amk