IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 6425 of 2009 CRIME NO.744 OF 2009 OF CHENGANNUR POLICE STATION, ALAPPUZHA. PETITIONER/ACCUSED NO.4: -------------------------------------- SUMESH CHANDRAN, AGED 19, MADAVANA COLONY, PANDANAD NORTH P.O., ALAPPUZHA. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6425 OF 2009 ------------------------------------------------------ Dated this the 17th day of November, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the fourth accused in Crime No.744 of 2009 of Chengannur Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 323, 341 and 302 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The prosecution case is that the accused persons attacked the deceased, who is the brother of the de facto complainant. The deceased sustained injuries and later, he succumbed to the injuries. 5. Learned counsel for the petitioner submitted that the B.A. NO. 6425 OF 2009 :: 2 :: petitioner is a student and there is no material to connect the petitioner with the offence. 6. I am not inclined to accept this contention. Prima facie, there are materials to implicate the petitioner in the offence. I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The offences alleged are serious offences. The mere fact that the petitioner is a student is not a ground for granting anticipatory bail to him. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/