IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH JUNE 2009 / 22ND JYAISHTA 1931 Bail Appl..No. 2591 of 2009() ----------------------------- CRMP.952/2009 of SESSIONS COURT (ADHOC-II)KASARAGOD CRIME NO.89/2009 OF ADHUR POLICE STATION .................... PETITIONERS (S): ACCUSED NOS.1, 3, 5, 6, 7, 8 & 9 ------------------------------------------------------------------------- 1. A.B. RAUF, S/O. A.B. MAHIN, AMMANGOD HOUSE, MOOLIYAR P.O., KASARGOD TALUK, KASARGOD DIST. 2. A.B. HARIS, S/O. A.B. ABDUL RAHIMAN HAJI, SALMAN MANZIL, POVVAL, MOOLIYAR P.O., KASARGOD TALUK, KASARGOD DIST. 3. A.B. MAHIN HAJI, S/O. ABDULLA, AMMANGOD HOUSE, MOOLIYAR POST, KASARGOD TALUK, KASARGOD DISTRICT. 4. KAMBIRAJ SHARIFF, S/O. KAMBIRAJ ABDUL RAHMAN POVVAL KOTTA HOUSE, MOOLIYAR P.O., KASARGOD TALUK, KASARGOD DIST. 5. IBBI @ IBRAHIM, S/O. ABDULLA KUNHI, PALLAM HOUSE, POVVAL, MOOLIYAR P.O., KASARGOD TALUK, KASARGOD DIST. 6. A.B. RASHEED, S/O. A.B. MAHMOOD, AMMANGOD HOUSE, MOOLIYAR P.O., KASARGOD TALUK, KASARGOD DIST. 7. TAJU @ TAJUDEEN, S/O. HASSAN, AMMANGOD HOUSE, MOOLIYAR P.O., KASARGOD TALUK, KASARGOD DIST. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA BA 2591/09 RESPONDENT(S): ------------------------ STATE OF KERALA -REPRESENTED BY SUB INSPECTOR OF POLICE, ADHUR POLICE STATION-REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/06/2009, ALONG WITH B.A.NO.3063/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------- B.A.Nos.2591 & 3063 of 2009 --------------------------------- Dated this the 12th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Bail Application No.2591 of 2009 is filed by accused Nos.1, 3 and 5 to 9 while Bail Application No.3063 of 2009 is filed by the second accused in Crime No.89 of 2009 of Adhur Police Station. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 148, 308, 326, 324 and 109 read with Section 149 of the Indian Penal Code. 3. The allegation is that on 17.4.2009, at 1.45 p.m., while the defacto complainant was going out of the Mosque, accused persons attacked him with deadly weapons like 'Vadival' and the defacto complainant sustained grievous injuries. It is submitted by the learned counsel for the petitioners that Crime No.88 of 2009 was registered against the defacto complainant and others in respect of an incident occurred on the same date at the same place wherein offences under Sections 323, 304 and 307 are also involved. 4. Taking into account the facts and circumstances of the BA No.2591 /2009 2 case, the nature of the offence, injury sustained by the defacto complainant and other circumstances, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail applications are accordingly dismissed. K.T.SANKARAN, JUDGE csl