IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3669 of 2009 CRIME NO.248 OF 2009 OF CHANDHERA POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 5 -------------------------------------------------- 1. A.C.ASHRAF,AGED 35 YEARS, S/O.KUNHUMOIDEEN KUTTY,KAITHAKKAD(PO),CHARUVATHUR, KASARAGOD DISTRICT. 2. T.K.C.KHALID,AGED 24 YEARS, S/O.P.RASHEED,KAITHAKKAD(PO),CHERUVATHUR, KASARAGOD DISTRICT. 3. SUMESH,AGED 25 YEARS,S/O.RAGHAVAN, KAITHAKKAD(PO),CHERUVATHUR,KASARAGOD DISTRICT. 4. T.K.C.SHIHAB,AGED 21 YEARS,S/O.P.RASHEED KAITHAKKAD(PO),CHERUVATHUR,KASARAGOD DISTRICT. 5. K.M.C.FAROOK,AGED 24 YEARS,S/O.ABDULLA, KAITHAKKAD(PO),CHERUVATHUR,KASARAGOD DISTRICT. BY ADV. SRI.JAWAHAR JOSE RESPONDENT: STATE -------------------- THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3669 OF 2009 ------------------------------------------------------ Dated this the 8th July, 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 5 in Crime No.248 of 2009 of Chandhera Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 342, 323, 326 and 308 of the Indian Penal Code. 3. I have perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the de facto complainant, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. 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 ahz/