IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6178 of 2009() ------------------------------------ CRIME NO. 539/2009 OF BALARAMAPURAM POLICE STATION ........................... PETITIONERS/ACCUSED 1 TO 3: ---------------------------------------------- 1. SHAJI, S/O.VIJAYAN, AGED 23 YEARS, PANDARAVILA VEEDU, PERINGAMMALA, KALLIYOOR P.O., VENGANNOOR VILLAGE, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 2. RAGHU, S/O.PALAYYAN NADAR, AGED 53 YEARS, PANDARAVILA VEEDU, PERINGAMMALA, KALLIYOOR P.O., VENGANNOOR VILLAGE, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 3. SHIBU @ LALU, S/O.VIJAYAN, AGED 21 YEARS, PANDARAVILA VEEDU, PERINGAMMALA, KALLIYOOR P.O., VENGANNOOR VILLAGE, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.S.D.ASOKAN RESPONDENTS/COMPLAINANTS: ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE OF BALARAMAPURAM POLICE STATION, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6178 of 2009 ------------------------------------ Dated this the 27th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 3 in Crime No.539/2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioners are under Sections 323 and 326 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. The defacto complainant has sustained fracture injuries. He was admitted in the Taluk Hospital and later he was admitted in the Medical College Hospital. 4. Taking into account the facts and circumstances of the case, I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners, it would adversely affect the smooth and proper investigation of the case. B.A. No. 6178 of 2009 2 For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln