IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8009 of 2011() ------------------------- CRIME NO.1151/2011 OF KOTTIYAM POLICE STATION KOLLAM PETITIONERS: ACCUSED 1 TO 6 : ----------------------------- 1. SATHYAN,S/O.GOPALAN,AGED 45 YEARS, NIDHEESH BHAVAN,VADAKE MYLAKADU, PUNCHIRICHIRA COLONY,KANNANALLOOR P.O,KOLLAM. 2. JANARDANAN,S/O.VELU,AGED 47 YEARS, MAYA BHAVAN,VADAKE MYLAKADU, PUNCHIRICHIRA COLONY,KANNANALLOOR P.O,KOLLAM. 3. MAHESH,S/O.JANARDANAN,AGED 20 YEARS, MAYA BHAVAN,VADAKE MYLAKADU, PUNCHIRICHIRA COLONY,KANNANALLOOR P.O,KOLLAM. 4. ANIL,S/O.VELU,AGED 23 YEARS, ANIL BHAVANAM,KIZHAVOOR MUKHATHALA P.O,KOLLAM. 5. JAFFAR, S/O.LATE SHERAFUDEEN,AGED 21 YEARS,AMINA MANZIL, KIZHAVOOR MUKHATHALA P.O,KOLLAM. 6. SHEEJA,W/O.SATHYAN,AGED 30 YEARS, NIDHESH BHAVAN,VADAKE MYLAKADU, PUNCHIRICHIRA COLONY,KANNANALLOOR P.O,KOLLAM. BY ADV. SRI.JOSEPH SEBASTIAN (KOLLAM) B.A.No.8009/2011 RESPONDENTS: COMPLAINANT -------------------------- 1. S.I OF POLICE KOTTIYAM,KOLLAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8009 of 2011 ---------------------------------------------- Dated this the 17th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 6 in Crime No.1151 of 2011 of Kottiyam Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 427, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 12/09/2011 at about 8.30 P.M., the accused persons formed themselves into an unlawful assembly armed with deadly weapons and trespassed into the house of the de facto complainant and attacked the de facto complainant, his father, brother and friend with dangerous weapons like iron pipe and 'kathal'. All of them sustained injuries. 4. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. Bail Appln.No.8009/2011 : 2 : 5. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required 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. K.T.SANKARAN, JUDGE skj