IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5085 of 2009() ----------------------------- CRIME NO.86/2009 OF RAJAPURAM POLICE STATION, KASARAGOD PETITIONERS/ACCUSED 1 TO 6: ----------------------------------------------- 1. BHASKARAN, AGED 37 YEARS, S/O.KARIYAN, KODOTH POST, HOSDURG TALUK. 2. BHARATHAN, AGED 52 YEARS, DO. DO. 3. VIJAYAN, AGED 45 YEARS, DO. DO. 4. VINOD, S/O.T.RAMAN, MAYILUPURA HOUSE, DO. DO. 5. KRISHNAN, VILANGAL HOUSE, DO. DO. 6. ANEESH, AGED 27 YEARS, PULIKODE, MUNNAD POST, CHENGALA. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): RESPONDENT & STATE: ---------------------------------- STATE OF KERALA, REP.BY THE STATION HOUSE OFFICER, RAJAPURAM POLICE STATION, REPRESENTED BY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5085 of 2009 --------------------------------------------- Dated this the 29th day of September, 2009 ORDER 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.86 of 2009 of Rajapuram Police Station in Kasaragod District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that the case is a foisted one against the petitioners. 4. I have gone through the case diary. Prima facie, I am not inclined to accept the contention put forward by the petitioner. 5. The injuries sustained by the defacto complainant and one Santha are serious in nature. 6. Taking into account the facts and circumstances of the case, the nature of the injuries sustained and the offence alleged, BA No.5085/2009 2 I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl