MOIDEENKUTTY Vs. MAHSOOF MUSTHAFA

JUDGEMENT

(1.) Petitioner in both these Crl.M.Cs is the defacto complainant in Crime No.16/2018 of the Karipur Police Station, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 326, 506(ii) and 294(b) read with Section 149 IPC and Section 4 of the Kerala Prohibition of Ragging Act, 1998. These Crl.M.Cs are filed under Section 439(2) Cr.P.C. as well as Section 482 Cr.P.C.

(2.) The 1st respondent in Crl.M.C.No. 1398/2018 is the 2nd accused, and the 1st respondent in Crl.M.C.No.1397/2018 is the 4th accused in the crime. They were placed under arrest by the police on 15.02018. On the very next day, through Annexure-III order, they were granted interim bail by the learned Magistrate, who was in charge of the Chief Judicial Magistrate, Manjeri, even though, the same was opposed by the learned Assistant Public Prosecutor in charge of the case. Subsequently, on 20.02018, the learned Chief Judicial Magistrate, Manjeri granted regular bail to the petitioners, on the ground that as per order dated 16.02018 they were already on interim bail granted by his predecessor in charge.

(3.) It has been pointed out that this is a case in which the injured, who is the son of the defacto complainant, was brutally attacked by a group of senior students including the 1st respondent in both these Crl.M.C.s under the guise of ragging at the college, wherein they were studying. According to the learned counsel for the 1st respondent in Crl.M.C.No.1397/2018 and the learned Senior Counsel for the 1 st respondent in Crl.M.C.No.1398/2018, the injured was admitted at the hospital as a person who sustained injuries in a RTA, and therefore, it is false to say that he was subjected to ragging at the college or he was beaten up by the accused in the crime.