IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 Bail Appl..No. 5958 of 2011() ----------------------------- (CR.No.330 OF 2011 OF THE ERUMAPETTY POLICE STATION, THRISSUR DT) PETITIONERS/ACCUSED 1 TO 6 ---------------------------------------------- 1. SHEFEEQ, AGED 24 YEARS, S/O. KUNJIMOIDU, KOOTTUPPULAKKAL HOUSE, THALI DESOM, THRISSUR DISTRICT. 2. MUSTHAQ, AGED 26 YEARS, S/O. K.E.MOHAMMED, KOOTTUPPULAKKAL HOUSE, THALI DESOM, THRISSUR DISTRICT. 3. K.E.MOHAMMED, AGED 60 YEARS, S/O.YUSUF, KOOTTUPPULAKKAL HOUSE, THALI DESOM, THRISSUR DISTRICT. 4. KUNJUMOIDU, AGED 55 YEARS, S/O. YUSUF, KOOTTUPPULAKKAL HOUSE, THALI DESOM, THRISSUR DISTRICT. 5. K.E.UMMER, AGED 52 YEARS, S/O. YUSUF, KOOTTUPPULAKKAL HOUSE, THALI DESOM, THRISSUR DISTRICT. 6. JINEESH, AGED 26 YEARS, S/O. ABOOBACKER, CHANGARATHVALAPPIL HOUSE, THALI DESOM, THRISSUR DISTRICT. BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2. SUB INSPECTOR OF POLICE, ERUMAPETTY POLICE STATION, THRISSUR DISTRICT, PIN-680 584. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5958 OF 2011 --------------------------------- Dated this the 4th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused in CR.No.330 of 2011 of the Erumapetty Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 326 read with 149 of the Indian Penal Code. 3. The prosecution case is that on 10.7.2011 at 7.30 P.M, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons and attacked the defacto complainant and his relative. The defacto complainant sustained injuries on his forehead, while the relative of the defacto complainant sustained depressed fracture of his nasal bone. It is alleged that accused No.1 B.A.No.5958 OF 2011 2 used an iron rod and accused No.2 used a hitting block. 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reason, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms