IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 434 of 2010 CRIME NO.7 OF 2010 OF KOLATHUR POLICE STATION, PALAKKAD PETITIONERS/ACCUSED NO .1 TO 3 -------------------------------------------------- 1. SAYID MOHAMMED,S/O.HAMZA HAJI, POOZHIKUNNATH HOUSE, KALIYARKULAM, MOORKKANAD, MALAPPURAM DISTRICT. 2. P.K.MUSTHAFA, S/O. HAMZA HAJI, POOZHIKUNNATH HOUSE, KALIYARKULAM, MOORKKANAD, MALAPPURAM DISTRICT. 3. SHAMSUDHEEN @ KUTTIYAPPU, S/O. HAMZA HAJI, POOZHIKUNNATH HOUSE, KALIYARKULAM, MOORKKANAD, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH POLICE INSPECTOR, KOLATHUR REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADDK.R2 IMPLEADED: 2. P.K.MAJEED, S/O.SYED ALAVI, POOZHIKUNNATH HOUSE, MOORKANADU KOLATHUR, MALAPPURAM. ADDL.R2 IS IMPLEADED AS PER ORDER DATED 4/3/2010 IN CRL.M.A. NO.454 OF 2010. ADDL.R2 BY ADV. SRI.MANSOOR.B.H. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 434 OF 2010 ------------------------------------------------------ Dated this the 4th day of March, 2010 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.7 of 2010 of Kolathur Police Station, Palakkad District. 2.The offences alleged against the petitioners are under Sections 341, 324, 326 and 506(i) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5.1.2010, the accused persons attacked the de facto complainant and his brothers and mother and they sustained injuries. The injuries noted on the body of the de facto complainant are the following: Lacerated wound with pain over left leg 3 x 2 x 1. Incised wound right leg 10x5x5. Lacerated wound right knee 15x5x4. There are other injuries as well. The medical certificate also shows that there was fracture of tibia of left leg. The brothers of the de facto complainant also sustained incised wounds and other injuries. B.A. NO.434 OF 2010 :: 2 :: 4. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that this is a fit case 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. Custodial interrogation of the petitioners may be required. The submission of the learned counsel for the petitioners that accused No.4 was arrested and he was released on bail is not a ground for granting anticipatory bail to accused Nos.1 to 3. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/