IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2494 of 2009 CRIME NO.413/2008 OF KAREELAKULANGARA POLICE STATION CRMP.565/2009 of ADDL.DISTRICT COURT-I,MAVELIKKARA PETITIONERS: ACCUSED 1 AND 2: ------------------------------- 1. ABHILASH,ULAVATHARAYIL, EVOOR THEKKU,KARIKKAD. 2. UNNI @ NITHEESH, HARIJAN COLONY,HOUSE NO.16, UMBARNADU,MAVELIKKARA. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT: --------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2494 OF 2009 ------------------------------------------------------ Dated this the 21st May, 2009 O R D E R The petitioners are the accused in Crime No.413 of 2008 of Kareelakulangara Police Station. They moved this application under Section 438 of the Code of Criminal Procedure. Offence under Sections 294(b), 354 and 326 read with Section 34 of the Indian Penal Code are alleged against the petitioners. The petitioners and the defacto complainant are neighbours. The allegation of the prosecution is that on 7.12.2008 at about 9.45 P.M., in furtherance of the common intention to outrage the modesty of the defacto complainant and to inflict grievous injuries on her, the first accused abused her with obscene words and torn off her nightie and the second accused hit her with a wooden piece on her upper lip causing fracture of a facial bone. The petitioners moved an application for anticipatory bail before the learned Sessions Judge, which was dismissed as per the order dated 30.3.2009. 2. In the facts and circumstances of the case, I do not think B.A. NO.2494 OF 2009 :: 2 :: that the petitioners are entitled to invoke the remedy under Section 438 of the Code of Criminal Procedure. The submission made by the Public Prosecutor that if anticipatory bail is granted, it would affect the smooth investigation of the case, has substance. I am not inclined to grant the relief. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/