IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3250 of 2009 CRIME NO.264 OF 2009 OF KOTTAYAM WEST POLICE STATION CRMP.1164/2009 OF SESSIONS COURT, KOTTAYAM PETITIONERS/ACCUSED: --------------------------------------- 1. SHAJI.M.K., AGED 44 YEARS, S/O.P.K.KUNJUPANICKAN, MADAKKAL HOUSE, S.H.MOUNT P.O., KOTTAYAM. 2. PRINCE JOSEPH, AGED 31 YEARS, S/O.VARKEY JOSEPH, MOONNUKANDATHIL HOUSE, ARPOOKARA WEST, KOTTAYAM. 3. REGIMON, AGED 40 YEARS, S/O.RAGHAVAN PILLAI, EDAPATTIL HOUSE, S.H.MOUNT P.O., KOTTAYAM. BY ADV. SRI.M.J.THOMAS RESPONDENT: COMPLAINANT: --------------------------- SUB INSPECTOR OF POLICE, KOTTAYAM WEST POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3250 OF 2009 A ------------------------------------------------------ Dated this the 17th 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 3 in Crime No.264 of 2009 of Kottayam West Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 294(b), 323, 326 and 308 read with Sections 149 and 34 of the Indian Penal Code. 3. I have gone through the case diary. 4. Taking into account the facts and circumstances of the case, the nature of the allegations levelled against the petitioners and the injuries sustained by the de facto complainant, I do not think that the petitioners are entitled to get discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/