(1.) 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 Ss. 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 Ss. 120B, 341, 323, 324, 342, 355, 306 and 506 of the Indian Penal Code ('IPC', in short) and Sec. 4 r/w Sec. 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:
(3.) Heard; Senior Advocates Sri.K.Ramkumar, Sri.S.Sreekumar and Sri.S.Deepak, and Advocates Sri.S.Rajeev, Sri.John.S.Ralph.V, Sri.Varghese, Sri.Santharam, Sri.T.Shajith, Sri.V.Shyam and Sri.N.Anand, the learned Counsel appearing for the petitioners; Dr.K.P.Satheesan, the learned Senior Counsel appearing for the CBI and Sri.Sajith Kumar.V, the learned Counsel appearing for the de-facto complainant/intervenor.