IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 3042 of 2009() ------------------------------------ CRIME NO.260/2009 OF PUDUKKAD POLICE STATION, THRISSUR PETITIONERS/ACCUSED NOS.2,1,5,6,3,4 & 7: ----------------------------------------------------------------- 1. DASAN, S/O.KUMARAN, EDATHIPARAMBIL HOUSE RAPPAL PALLAM, P.O.PARAPPOOKARA, THRISSUR. 2. KANNAN, S/O.OMANA, EDATHIPARAMBIL HOUSE, RAPPAL PALLAM, P.O.PARAPOOKARA, THRISSUR. 3. DANESH, S/O.KUTTAPPAN, BRAHMASAM HOUSE, P.O.POOTHARAKKAL, CHERPU, THRISSUR. 4. KANNAN, S/O.KUTTAPPAN, BRAHMASAM HOUSE, P.O. POOTHARAKKAL, CHERPU, THRISSUR. 5. SUMLDAS, S/O.DASAN, EDATHIPARAMBIL HOUSE RAPPAL PALLAM, P.O.PARAPPOOKARA, THRISSUR. 6. NITHEESH, AGED 15 YEARS, S/O.DASAN, EDATHIPARAMBIL HOUSE, RAPPAL PALLAM, P.O.PARAPPOOKARA, THRISSUR. 7. JANI, S/O.JAGATHY, BRAHMASAM HOUSE, P.O.POOHTARAKKAL, CHERPU, THRISSUR. BY ADV. SRI.A.C.DEVY RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.3042 of 2009 ------------------------------------ Dated this the 10th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners state that they are accused Nos.2, 1, 5, 6, 3, 4 and 7 respectively in Crime No.260/2009 of Pudukkad Police Station. The learned Public Prosecutor submitted that petitioner No.7 is not an accused and he is only a suspected person. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 323, 324, 294(b), 506(ii), 427 and 354 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 30/4/2009 at 11.30 P.M, the accused persons armed with iron rod, chopper and sticks, trespassed into the house of the defacto complainant and caused injuries to him with the weapons, outraged the modesty of the women in the house, used obscene words, threatened them with death and destroyed several household articles in the house and thereby caused a wrongful loss of Rs.20,000/-. B.A. No.3042 /2009 2 4. In the nature of the allegations made against the petitioners, I do not think that the petitioners are entitled to get an order for anticipatory bail. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm