Except Bail Application No.6626 of 2009, all the other four Bail Applications are under Section 439 of the Code of Criminal Procedure. Bail Application No.6626 of 2009 is filed under Section 438 of the Code of Criminal Procedure for anticipatory bail. The Bail Applications relate to Crime Nos.2347 of 2009 and 2348 of 2009 of Central Police Station, Ernakulam. The details are as shown below:

2. The offences alleged against the accused persons in both the Crimes are under Sections 143, 147, 148, 323, 324 and 307 read with 149 of the Indian Penal Code.

3. Those accused persons who were arrested were remanded to judicial custody. They are in judicial custody since 26-10-2009. They have filed the applications for Regular Bail. Accused Nos.2, 3 and 6 in Crime No.2347 of 2009 were not arrested and they have sought for anticipatory bail.

4. The incident occurred at 2.30 P.M. on 26-10-2009 in the campus of Maharaja’s College, Ernakulam. Students belonging to or owing allegiance to Kerala Students Union (KSU) and Akhila Bharathiya Vidhyarthi Parishad (ABVP) are the accused persons in Crime No.2347 of 2009. In Crime No.2348 of 2009, the accused person are students belonging to or owing allegiance to Students Federation of India (SFI). According to the members of SFI, they were attacked by the members of KSU and ABVP. The version of members of KSU and ABVP is that they were attacked by the members of SFI. Students belonging to both the warring groups sustained injuries including head injuries.

5. The allegation is that the accused person used iron rods, wooden reapers and hockey sticks for committing the offences. The injured persons were admitted in the General Hospital, Medical Trust Hospital and Sudheendra Medical Mission Hospital, Ernakulam.

6. It is alleged that there arose a dispute in the Maharaja’s College in connection with the inauguration of the College Union. According to the SFI activists, they were attacked owing to the enmity which arose out of that dispute. According to the ABVP activists, they were attacked by the SFI activists alleging that the victims therein were responsible for the reduction in the number of votes expected to be secured by SFI candidates. It is fairly clear that the incidents were the aftermath of the election in the College.

7. The petitioners moved for Bail and Anticipatory Bail before the Court of the Sessions Judge, Ernakulam. The learned Sessions Judge dismissed the applications by the order dated 3rd November 2009.

8. Taking into account the facts and circumstances of the case, the duration of judicial custody undergone by the accused and the fact that the accused persons are students, I am inclined to grant bail to those of the petitioners who are in judicial custody. However, I am not inclined to accept the contention of the petitioners in B.A.No.6626 of 2009 that no case is made out against them and that they are entitled to the grant of anticipatory bail. Considering the facts and circumstances of the case, I am of the view that the petitioners therein are not entitled to the discretionary relief under Section 438 of the Code of Criminal procedure.

9. It is relevant to note that Accused No.7 (Ranjith) in Crime No.2348 of 2009 has filed two Bail Applications. In B.A. No.6618 of 2009, Which was filed on 5.11.2009, he is the first petitioner. He is the sole petitioner in B.A.No.6655 of 2009 filed on 6-11-2009. How the same person happened to file two Bail Applications for the same relief is not known. That two Bail Applications were filed by the same person was not pointed out at the time of hearing also. In the facts and circumstance, I am of the view that the second application filed by Ranjith B.A.No.6655 of 2009 is liable to be dismissed.

10. There cannot be any dispute that Maharaja’s College is one of the prestigious educational institutions in the State. Many great people are the old students of Maharaja’s College. It is said that the College had to be closed down for a few da