IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH APRIL 2008 / 5TH VAISAKHA 1930 Bail Appl..No. 2408 of 2008() ----------------------------- CRIME NO.48/2008 OF VILAPPILSALA POLICE STATION .................... PETITIONERS/ACCUSED 1 TO 3: -------------------------------------------- 1. ANIL KUMAR V., AGED 28 YEARS, S/O. VASU, SAROJINI BHAVAN, KATTUVILA PEYAD, THIRUVANANTHAPURAM TALUK,THIRUVANANTHAPURAM DIST. 2. AJI V., AGED 26 YEARS, S/O. VASU, ASWATHI BHAVAN, THEVIVIL,KATTUVARAMBU, KATTUVILA, PEYAD P.O., THIRUVANANTHAPURAM TALUK. 3. JOY, AGED 26 YEARS, S/O. KHALEF, AKKUNNAM, PALLITHURA VEEDU, VILAPPIL VILLAGE, PEYAD P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENTS: STATE & COMPLAINANT: --------------------------------- 1. SUB INSPECTOR OF POLICE VILAPPILSALA POLICE STATION,THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.C.K. SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- B.A. NO. 2408 OF 2008 --------------------- Dated this the 25th day of April, 2008 ORDER This bail application is filed under Sec. 438 of the Criminal Procedure Code. Petitioners are alleged to have committed the offences punishable under sections 341, 323, 324, 308 read with Sec. 34 of the IPC. 2. A perusal of the order of the court below would reveal that the defacto complainant has sustained lacerated injuries on the frontal scalp area parietal region and forehead and there was bleeding from nose as well. The court below held that the extra ordinary jurisdiction under Sec. 438 Cr.P.C. cannot be invoked. 3. I heard the learned Public Prosecutor as well and satisfied myself about the injuries sustained. I agree with the view expressed by the learned Sessions Judge. I decline jurisdiction. The bail application is dismissed. M.N.KRISHNAN, JUDGE vps