IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 Bail Appl..No. 2273 of 2009(N) CRIME NO.279 OF 2009 OF VARKALA POLICE STATION PETITIONERS: ACCUSED 2 TO 4 1. NAVAS, AGED 27, S/O. MUHAMMED ILLYAS, THOPPIL HOUSE, CHITTILAKAD, MELEVETTOOR KARA, VETTOOR VILLAGE. 2. MANIYAK, AGED 20, S/O. VAHAB, VAYALIL HOUSE, THAZHEVETTOOR KARA, VETTOOR VILLAGE. 3. SHAHAR, AGED 23, S/O. UBAID, VAYALIL HOUSE, THAZHEVETTOOR KARA, VETTOOR VILLAGE. BY ADV. SRI.M.L.SAJEEVAN RESPONDENTS : 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06/07/2009, ALONG WITH BA NO. 2827 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOs. 2273 & 2827 OF 2009 ------------------------------------------------------ Dated this the 6th July, 2009 O R D E R These are applications for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. B.A.No.2273 of 2009 is filed by accused Nos.2 to 4 in Crime No.279 of 2009 of Varkala Police Station, while B.A.No.2827 of 2009 is filed by the fifth accused therein. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452 and 307 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary and noticed the prosecution case, the allegations levelled against the accused and also perused the wound certificate. The de facto complainant has sustained several injuries. It is strange that the investigating officer has not mentioned either Sections 324, 325 or 326, as the case may be. The wound certificate would disclose that several injuries were sustained by the de facto complainant. The allegation is that the accused persons attacked the de facto complainant at his residence with sword stick and other weapons. B.A. NOS.2273 AND 2827 OF 2009 :: 2 :: 4. Learned counsel for the petitioners pointed out that on the same date accused Nos.1, 6 and 7 sustained injuries and Crime No.280 of 2009 was registered. Learned Public Prosecutor submitted that, on investigation, it was found that the allegations in Crime No.280 of 2009 were false and the case was accordingly referred. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the de facto complainant, I do not think that these are fit cases where anticipatory bail can be granted to the petitioners. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. These Bail Applications are accordingly dismissed. (K.T.SANKARAN) Judge ahz/