IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH JUNE 2009 / 18TH JYAISHTA 1931 Bail Appl..No. 2233 of 2009() ------------------------------------- CRIME NO.146/2009 OF CHERPU POLICE STATION. APPLICANTS/ACCUSED NO.2 & 3: ----------------------------------------------- 1. K.B.MANOJ,AGED 32 YEARS,S/O.KALLUNGAL BALAN,PALAKKAL, TRICHUR. 2. U.V.VINOJ,AGED 27 YEARS, S/O.VENU, VELUVALAPPIL HOUSE,PALAKKAL, TRICHUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, REPRESENTING THE S.I.OF POLICE, CHERPU POLICE STATION. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2233 of 2009 ------------------------------------ Dated this the 8th 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. The petitioners are accused Nos. 2 and 3 in Crime No.146/2009 of Cherpu Police Station. 2. The offences alleged against the petitioners are under Sections 341, 323, 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that while the defacto complainant was on his way to temple, the accused persons attacked him , A1 beat him with an iron rod resulting in fracture and accused Nos.2 and 3 fisted on the face of the defacto complainant resulting in loss of his tooth. The Learned counsel for the petitioners submitted that the first accused was granted regular bail. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other B.A. No.2233 /2009 2 circumstances, I do not think that this is fit case where the petitioners are entitled to anticipatory bail . The Bail Application fails and is accordingly dismissed. K.T. SANKARAN, JUDGE scm