Right To Bail Cannot Be Denied Merely Due To Sentiments Of Society: Kerala HC Grants Bail To Accused In Ragging Case

While observing that right to bail cannot be denied merely due to the sentiments of the society, the Kerala High Court has granted bail to individuals accused of ragging and abetting the suicide of veterinary student Sidharthan.

20-year-old Sidharthan, was found dead in the hostel of the Kerala Veterinary and Animal Sciences University in Wayanad, allegedly due to brutal ragging by fellow students.

The Single-Judge Bench of Justice CS Dias granted bail to all the accused persons who approached the Court seeking relief. "Indisputably, the investigation in the case is complete, and the final report has been laid before the jurisdictional Court. The maximum punishment that can be imposed on the petitioners in the event of them being found guilty for the predicate offence under Sec.306 of the IPC is up to 10 years. The petitioners have now been in judicial custody for more than 90 days. The petitioners do not have any criminal antecedents and are all students aged 22 to 24 years," the Court said.

Initially, when Sidharthan's body was discovered, a case of unnatural death was registered. However, as the investigation progressed, several individuals were booked under various sections of the Indian Penal Code of 1860 (IPC), including Section 306 for abetment of suicide, as well as under the Kerala Prohibition of Ragging Act.

The State Police initially handled the investigation, but it was later transferred to the Central Bureau of Investigation (CBI) after Sidharthan's parents approached the Chief Minister with a representation seeking the same. Subsequently, several of the accused persons had filed Bail Applications before the High Court.

During the proceedings, the Counsel for the petitioners argued that the trial court had unjustly rejected their bail pleas, failing to consider that the accused individuals were college students whose future prospects were jeopardized by the accusations against them. Additionally, it was highlighted that the accused had already spent over 60 days in jail, underscoring their right to seek bail.

However, the prosecution vehemently opposed the grant of bail, emphasizing the severity of the allegations against the students. It was contended that the accused individuals had subjected Sidharthan to severe ragging and assault, ultimately leading to his tragic demise.

On an overall consideration of the facts and circumstances of the case, the Court said, "Prima facie, I do not find sufficient material to establish any positive act on the part of the accused to have instigated or aided the deceased to commit suicide. It is seen that Section 34 IPC has been deleted by the prosecution. Nonetheless, that is a matter to be decided after the trial."

Cause Title: Rehan Binoy v. State of Kerala [Neutral Citation: 2024:KER:35862]

Appearance:-

Petitioner: Senior Advocate P. Deepak, Advocates Rilgin V. George, Nazrin Banu, Akshara K.P

Respondent: Advocates Sajith Kumar V, Vivek A.V., Ammu M., Sreehari V.S

Click here to read/download the Order