KOCHI : The Kerala High Court on Friday granted bail to all 19 accused persons in the death of J S Sidharthan, a student of Kerala Veterinary and Animal Sciences University in Pookode, Wayanad.
Justice C S Dias granted bail to Akhil K, Kashinathan R S, Ameen Akberali U, Arun K, Sinjo Johnson, N Asif Khan, Amal Ihsan A, Ajay J, Althaf A, Soud Risal E K, Adithyan V, Muhammed Dhanish M, Rehan Benoy, Akash S D, Abhishek S, Shreehari R D, Dones Daie, Billgate Joshwa Thannikode and Naseef V, and observed, “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 HC barred the accused persons from entering Wayanad district until the conclusion of the trial and said they shall not leave the state without the trial court’s nod.
The HC said an evaluation of the final report, the materials on record and the case diary, showed the genesis of the incident was the deceased’s misbehaviour towards a girl student; he had groped her thrice on the night of February 12.
The court also found force in the contention of the counsel of the petitioners that there was an absence of corresponding ante-mortem injuries on Sidharthan’s body, other than those caused due to hanging, as per the post-mortem report. The counsel said if the accused brutally assaulted the deceased as alleged, there would have been corresponding injuries on his body.
The court said the investigation is over and the final report filed. The maximum punishment that can be imposed on the petitioners if they are found guilty under Section 306 of the IPC is upto 10.
The petitioners sought bail on the grounds that they have been in judicial custody for nearly 90 days, the investigation in the case is complete, and the final report has been filed. They said they were all students without criminal antecedents, and they were neither influential nor affluent persons to intimidate the witnesses or flee from justice. They also said the prospects of conviction in the case are bleak and hence they may be granted bail.
The CBI’s counsel argued that the petitioners had committed a very heinous and gruesome crime of abetting Sidharthan’s suicide. They brutally assaulted the deceased at the nearby hillock, took him to the courtyard of the hostel and conducted a mock trial in the presence of his juniors and classmates, the counsel said. The accused persons humiliated and insulted the deceased, prompting him to take the extreme step, the counsel said. Though a final report has been filed, the investigating officer is proposing a further investigation to ascertain the complicity of others involved in the crime, said the counsel.
