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2024 Supreme(Online)(KER) 533

HIGH COURT OF KERALA
C.S. DIAS, J
AMAL IHSAN, – Appellant
Versus
STATE OF KERALA, – Respondent


Advocates:
S.K.ADHITHYAN, REUBEN CHARLY, SHAHINA NOUSHADP.MARTIN JOSE, E.ADITHYAN, SAFA C.M. NESAMUDHEEN, P.PRIJITH THOMAS P.KURUVILLAR.GITHESH, MANJUNATH MENON, SACHIN JACOB AMBATA, JAY BEN JOSE, HARIKRISHNAN S., ANNA LINDA EDEN, S.RAJEEV, V.VINAYM.S.ANEER, PRERITH PHILIP JOSEPH, ANILKUMAR C.R., K.S.KIRAN KRISHNAN, NOURIN S. FATHIMA, S.M.PRASANTH, K.RAMAKUMAR (SR.), T.RAMPRASAD UNNI, ASWINI SANKAR R.S., SHEHIN S., M.R.SARIN, P.SANTHOSHKUMAR (KARUMKULAM), R.K.CHIRUTH, PARVATHI KRISHNA, SAUMYA.P., SASHA MARY KURIAN, LEKSHMI S.R, S.RAJEEV, V.VINAY, M.S.ANEER, PRERITH PHILIP JOSEPH, ANILKUMAR C.R., K.S.KIRAN KRISHNAN, NOURIN S. FATHIMA, SAJITH KUMAR V., VIVEK A.V., SREEHARI V.S., AMMU M., Dr.Sri.K.P Satheesan, Sri.Bharath Mohan, Sri.Gokul.D, P.K.VARGHESE, M.T.SAMEER, DHANESH V.MADHAVAN, K.R.ARUN KRISHNAN, JERRY MATHEW, REGHU SREEDHARAN, RAMEEZ M. AZEEZ, V.SHYAM, SAHEERA K.P., ARUN, T.SHAJITH, NAJAH EBRAHIM V.P., SANTHARAM., PREKHA ARAVIND, P.G.GOKUL NATH, N.ANAND, N.KRISHNA PRASAD, RAJESH O.N., V.JOHN SEBASTIAN RALPH, VISHNU CHANDRAN, RALPH RETI JOHN, APPU BABU, GIRIDHAR KRISHNA KUMAR, GEETHU T.A., APOORVA RAMKUMAR, MARY GREESHMA

ORDER

The accused 1 to 19 in Crime No.RC-0502024- S0002/SC-II/CBI, New Delhi, (initially numbered as Crime No.77/2024 of the Vythiri Police Station, Wayanad), have filed these applications under Sections 439 of the Code of Criminal Procedure (CrPC) to enlarge them on bail.

The above crime has been registered against the petitioners for allegedly committing the offences punishable under Sections 120B , 341, 323, 324, 342, 355, 306 and 506 of the Indian Penal Code (' IPC ', in short) and Section 4 r/w Section 3 of the Kerala Prohibition of Ragging Act, 1998 ('Act' for brevity). The accused Nos.13, 14, 15, 16, 17 and 18 were arrested on 28.2.2024, accused No.1 was arrested on 29.2.2024, accused Nos.3, 4, 6 and 7 were arrested on 1.3.2024, accused Nos.2, 8, 9, 10, 11 and 12 were arrested on 2.3.2024, accused No.5 was arrested on 3.3.2024 and accused No.19 was arrested on 9.3.2024. As the applications arise out of the same crime, they were consolidated, jointly heard and are being disposed of by this common order.

2. The gravamen of the prosecution case, as per the final report filed by the CBI before the Chief Judicial Magistrate Court, Ernakulam, is as follows:

    (a) Crime No.77/2024 was

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