IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 9001 of 2011() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.7244/2011 CRIME NO.2548/2011 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONERS: ACCUSED : ---------------------- 1. ANOOP.P,AGED 23 YEARS, S/O.PUSHKARAN R/A.ULLUR CHIRAVELI HOUSE, MUHAMMA P.O., ALAPPUZHA DIST, PIN-688525 2. PRINCE P.JOSEPH, AGED 29 YEARS, S/O.P.H.JOSPEH, PLATHAL HOUSE, AMABALMEDU P.O.,KUZHITHADU, PUTHENCRUZ VILLAGE, ERNAKULAM DIST, PIN-682303 3. AKHIL APPUKKUTTAN, AGED 20 YEARS, S/O.APPUKKUTTAN C.K, KATTITHARATHUNDI HOUSE, MADHYAMAM ROAD, MARADU P.O.,ERNAKULAM DIST, PIN-682304 4. JERIN VARGHESE, AGED 19 YEARS, VARGHESE SCARIA, KOCHUVEETTIL HOUSE, KANHIKUZHI P.O,THODUPUZHA TALK, IDUKKI DIST PIN-685606 BY ADV. SRI.T.P.SANTHOSH KUMAR B.A.No.9001/2011 RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY THE DIRECTOR GENERAL OF PROSECUTION HIGH COURT OF KERALA, ERNAKULAM-31. 2. STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION,ERANAKULAM DIST-31 PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------------- Bail Appln.No.9001 of 2011 ------------------------------------------ Dated this the 18th day of November, 2011 ORDER The petitioners filed Bail Application No.7244 of 2011 under Section 438 of the Code of Criminal Procedure for anticipatory bail in Crime No.2548 of 2011 of Central Police Station, Ernakulam. That Bail Application was dismissed by the order dated 4th October, 2011. For the same relief, the petitioners have filed this Bail Application on 28/10/2011. 2. For the sake of convenience, the order dated 4th October, 2011 in Bail Application No.7244 of 2011 is extracted below:- “This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4 in Crime No.2548 of 2011 of Central Police Station, Ernakulam. 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 read with Section 34 of the Indian Penal Code. Bail Appln.No.9001/2011 : 2 : 3. The prosecution case is the following: On 9.8.2011 at about 2 P.M. while the de facto complainant and his friend were trying to go out of the campus of Maharaja's College, the accused persons attacked the de facto complainant with iron pipes and caused serious injuries on him. The de facto complainant fell down from the bike. Even thereafter, he was beaten by the accused. The de facto complainant became unconscious and he was taken to the hospital. 4. It is alleged that the de facto complainant belongs to a students' organization and the accused belong to another students' organization and that the offence was committed due to political rivalry. 5. The allegations against the petitioners are grave in nature. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioners. Custodial interrogation of the petitioners may be necessary in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed.” Bail Appln.No.9001/2011 : 3 : 3. I do not find any ground to entertain this Bail Application. The earlier Bail Application having been dismissed, the petitioners are not justified in filing another Bail Application for anticipatory bail. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj