IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2870 of 2009 CRIME NO.344 OF 2009 OF PUNALUR POLICE STATION, KOLLAM. CRMP.1097/2009 OF THE SESSIONS COURT, KOLLAM PETITIONERS/ACCUSED 1 TO 4: -------------------------------------- 1. SHAMSUDEEN S/O. HAMSAKANNU RAWTHER, AGED 55 YEARS,AZEEKKAL PUTHENVEEDU, VENCEMBU P.O. PUNALUR. 2. SALIM,S/O.SHAMSUDEEN AGED 35 YEARS, AZEEKKAL PUTHENVEEDU, VENCEMBU P.O.PUNALUR. 3. SHIHAB,S/O.SHAMSUDEEN AGED 27 YEARS, AZEEKKAL PUTHENVEEDU, VENCEMBU P.O. PUNALUR. 4. FAZIL, S/O. ABDUL VAHID,AGED 34 YEARS, VAYALILKKADA, THALACHIRA P.O. KOTTARAKKARA TALUK, KOLLAM. BY ADV. SRI.AJAYA KUMAR. G RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2870 OF 2009 ------------------------------------------------------ Dated this the 2nd June, 2009 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 4 in Crime No.344 of 2009 of the Punalur Police Station. 2. The offence alleged against the petitioners is under Sections 323, 341, 294(b) and 308 of the Indian Penal Code. 3. The learned Public Prosecutor submitted that the name of the fourth accused is deleted from the array of parties. 4. I have gone through the CD file. The de facto complainant has sustained incised wounds. The allegation is that he was stabbed at several places of his body by the accused persons. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the injuries sustained by the de B.A. NO. 2870 OF 2009 :: 2 :: facto complainant, I do not think that this is a fit case where anticipatory bail can be granted. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/