IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 Bail Appl..No. 3854 of 2009() ---------------------------------------- CRIME NO.488/20008 OF YEROOR POLICE STATION, KOLLAM. PETITIONER/ACCUSED: -------------------------------------- 1. RAJENDRAN,S/O.SIVARAMAN,CHARUVILA PUTHAN VEEDU, YEROOR CHERRY, YEROOR, PUTHANAPURAM TALUK,KOLLAM DISTRICT. 2. RAJAN,S/O. SIVARAMAN, CHARUVILA PUTHEN VEEDU, YEROOR CHERRY, YEROOR, PATHANAPURAM TALUK,KOLLAM DISTRICT. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT/COMPLAINANT: ------------------------------------------------ STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, YEROOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3854 of 2009 ------------------------------------ Dated this the 16th day of July, 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.1 and 2 in Crime No.488/2008 of Yeroor Police Station, Kollam. 2. The offences alleged against the petitioners are under Sections 447, 294(b), 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. I have gone through the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the defacto complainant, I do not think that this is fit case where anticipatory bail can be granted to the petitioners. The first petitioner is a police constable and the second petitioner is his brother. The petitioners are not 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 scm