[Veterinary Student Death] Kerala High Court Grants Bail To 19 Students Accused Of Abetment To Suicide, Assault & Criminal Conspiracy

Sidharthan allegedly committed suicide on February 18, 2024, because of ragging and brutal assault from the college.

The Central Bureau of Investigation (CBI) took over the investigation as per the orders of the Court. After investigation, the CBI filed their final report before the Court naming 19 students as accused and stated that Sidharthan was subjected to brutal physical assault and public trial by some of his classmates and seniors. The CBI had concluded in their final report that 9 accused persons had committed offences punishable under Section 120B, 341, 323, 324, 355, 306, 506 of IPC and under Sections 4 and 3 of the Kerala Prohibition of Ragging Act, 1998 and substantive offences thereof.

Justice C S Dias allowed the bail applications today and held that there is no prima facie material that indicates that the accused students have instigated Sidharthan to commit suicide. It stated that bail cannot be denied merely due to the sentiments of the society. 

"On an overall consideration of the facts and circumstances of the case, 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."

The counsel for petitioners had submitted that they had not abetted Sidharthan to commit suicide. It was also argued that the only non-bailable offence alleged against them is Section 306 of IPC which is the abetment of suicide. It was submitted that Sidharthan allegedly misbehaved with a girl and she complained to the seniors and the Internal Complaints Committee about this. It was argued that Sidharthan allegedly committed suicide out of this embarrassment. Further, the counsel for petitioners submitted that the post-mortem report does not prove the prosecution allegations due to the absence of any antemortem injuries. It was also submitted that the petitioners should be enlarged on bail since they were in judicial custody for the past 90 days.

The Court stated that the post-mortem report also does not indicate ante-mortem injuries which negates the prosecution allegations of brutal assault. The Court further noted the petitioners were entitled to be released on bail since the investigation is complete and the final report is also filed.

"It is also well settled that once a final report is filed, a strong case has to be made out for continuing a person in judicial custody. The right to bail cannot be denied merely due to the sentiments of the society. 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." added the Court. 

However, the Court imposed stringent bail conditions upon the petitioners while enlarging them on bail. The Court ordered that the petitioners should not enter Wayanad district, where the college is located, till the conclusion of the trial. 

Special Prosecutor, Senior Advocate Dr K P Satheeshan assisted by Advocates Sudhin Kumar, Gokul D Sudhakaran and Bharath Mohan appeared for CBI.

Citation: 2024 LiveLaw Ker 322

Case Title: Akash S D v State of Kerala & Connected Cases

Case Number: Bail Appl. 2306/2024 & Connected Cases

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