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       HC orders arrest of two in ragging case
 
         Posted on :09:19:44 Mar 8, 2018
   
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       Last edited on:09:19:44 Mar 8, 2018
         Tags: HC, order, arerst, two, ragging
 

KOCHI: The Kerala High Court has cancelled the bail of two accused in a ragging case and ordered their arrest.

Mahsoof Musthafa and A P Anas of Malappuram, who were the accused in a ragging case, were earlier granted interim bail by the magistrate, who held the charge of the Chief Judicial Magistrate, Manjeri.

Later, the Chief Judicial Magistrate, Manjeri, granted them regular bail on the ground that they were granted interim bail by his predecessor-in-charge.

While considering a petition filed by the father of the victim of the ragging challenging the order of the lower court, the High Court held that lower courts considered the matter in a casual manner.

The magistrate who originally granted interim bail was of the view that the accused were of tender age. It was not at all a ground for granting bail when a heinous offence was committed by such persons, the court noted.

Referring to the accused, the court said that they were students above the age of 22 years and it cannot be considered as tender age. They were not juveniles in conflict with the law but grave criminals if they had committed the acts alleged against them. It is a matter to be investigated into, the court said.

The court held that the magistrate had not stated the ground for releasing the accused on bail. The Chief Judicial Magistrate ought to have ordered the rearrest of the respondents who were illegally enlarged on bail by a magistrate without applying his mind, the court said.

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