IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3414 of 2009() ---------------------------------------- CRIME NO.312/2009 OF KAYAMKULAM POLICE STATION, ALAPPUZHA PETITIONERS/IST AND 2ND ACCUSED: --------------------------------------------------- 1. KINRAJ @ KANNAN, UTHIRAKKUZHI KIZHAKKATHIL, KRISHNAPURAM MURI, KRISHNAPURAM VILLAGE. 2. AKHILRAJ @ RAJITH, SEELANTHARA KIZHAKKATHIL, KRISHNAPURAM MURI, KRISHNAPURAM VILLAGE. BY ADV. SRI.R.SUNIL KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3414 of 2009 ------------------------------------ Dated this the 26th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 2 in Crime No.312/2009 of Kayamkulam Police Station, Alappuzha. 2. The offences alleged against the petitioners are under Sections 452, 323, 324, 308 and 435 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. The defacto complainant has sustained two incise wounds as revealed by the wound certificate. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the weapons used and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm