IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 12TH MAY 2009 / 22ND VAISAKHA 1931 Bail Appl..No. 2301 of 2009() ----------------------------- CRIME NO.327/09 OF ADOOR POLICE STATION PETITIONERS/ACCUSED 1 TO 3: ------------------------------------ 1. SUMESH,S/O.SOMAN,AGED 24,SUMESH BHAVAN, ENADIMANGALAM VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT. 2. RENJITH,S/O.SOMAN,AGED 2O,RENJITH BHAVAN ENADIMANGALAM VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT. 3. SUNIL,S/O.BHASKARAN,AGED 23,KOCHIRA KUZHIYIL,ENADIMANGALAM VILLAGE,ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.SAKIR.K.H. SRI.BIJU GEORGE (ERNAKULAM) RESPONDENT/COMPLAINANT: ------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION,REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SHRI V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.T.RAVIKUMAR, J. ----------------------------------------------------- Bail Application No.2301 OF 2009 ----------------------------------------------------- DATED THIS THE 12th DAY OF MAY, 2009 O R D E R Accused Nos.1 to 3 in Crime No.327/09 of Adoor Police Station, registered under Sections 143, 147, 148 , 149 and 308 of the Indian Penal Code, are the petitioners in this petition for anticipatory bail. The allegation is that on account of the animosity with one Kannan, the petitioners formed themselves into an unlawful assembly, armed with deadly weapons, such as iron rod and wooden stick and attacked the defacto complainant and his friend one Benny Varghese and caused the injuries alleged. 2. Taking into account, the nature of the allegations levelled against the petitioners and the progress of the investigation, I am not inclined to grant anticipatory bail to the petitioners. At the same time, I think they can be permitted to surrender before the Investigating Officer, for the purpose of getting their regular bail application considered by the Magistrate having jurisdiction. Accordingly, the petitioners shall surrender BA.No.2301/09 -2- before the Investigating Officer on any day between 18.5.2009 and 21.5.2009 and in the event of such surrender, the Investigating Officer shall produce them before the concerned Magistrate on that day itself. In case, they move an application for regular bail, the learned Magistrate shall consider such application and pass orders in accordance with law, preferably on the same date on which it is moved. C.T.RAVIKUMAR, JUDGE. dsn