IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Bail Appl..No. 7988 of 2011() ----------------------------- CRIME NO.578/2011 OF POTHENCODE POLICE STATION .................... PETITIONERS/ACCUSED ----------------------------- 1. ANEESHKUMAR, S/O.KRISHNA PILLAI, ALUMOODU VEEDU, ANDOORKONAM VILLAGE, EDATHARA MURI, PANIMOOLA, POTHENCODE P.O., TRIVANDRUM. 2. VISHNU, S/O.MADHUSOODANAN NAIR, ANITHA BHAVAN, ANDOORKONAM VILLAGE, EDATHARA MURI, PANIMOOLA, POTHENCODE P.O., TRIVANDRUM. 3. SREEPRASAD, S/O.SREEKANTAN NAIR, PORUTHALA VEEDU, ANDOORKONAM VILLAGE, EDATHARA MURI, PANIMOOLA, POTHENCODE P.O., TRIVANDRUM. 4. SHIBURAJ, S/O.RAJENDRAN NAIR, JAYA BHAVAN, ANDOORKONAM VILLAGE, EDATHARA MURI, PANIMOOLA, POTHENCODE P.O., TRIVANDRUM. 5. RAHUL, S/O.RAVEENDRAN NAIR, RAHUL BHAVAN ANDOORKONAM VILLAGE, EDATHARA MURI, PANIMOOLA, POTHENCODE P.O., TRIVANDRUM. 6. RATHEESH, S/O.VASANTHAKUMARI, VASANTHALAYAM, ANDOORKONAM VILLAGE, EDATHARA MURI PANIMOOLA, POTHENCODE P.O., TRIVANDRUM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SMT.A.NEENA JOSE SRI.P.M.SANEER BA 7988/11 RESPONDENT(S): --------------- THE STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, POTHENCODE POLICE STATION, THIRUVANANTHAPURAM REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RENJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7988 of 2011 --------------------------- Dated this the 20th day of October, 2011 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 6 in Crime No.578 of 2011 of Pothencode Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 323, 324 and 326 of the Indian Penal Code. 3. The prosecution case is that on 22.8.2011, the de facto complainant and his friends were attacked by about 30 persons. The attack was made with iron rods and other dangerous weapons. The de facto complainant sustained several injuries including fracture on the neck of the scapula. BA 7988/11 2 4. The injuries sustained are grievous in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN JUDGE csl