IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 Bail Appl..No. 4282 of 2009 CRIME NO.298 OF 2009 OF CHINGAVANAM POLICE STATION CRMP.1522/2009 of DISTRICT COURT, KOTTAYAM PETITIONERS: -------------------- 1. P.K.MOHANAN, AGED 47 S/O.THANKAPPAN PUTHUKADU VEEDU, MOOLAVATTOM, KOTTAYAM. 2. SARATH MOHANAN, AGED 19 PUTHUKADU VEEDU, MOOLAVATTOM, KOTTAYAM,. BY ADV. SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE, CHINGAVANAM POLICE STATION, KOTTAYAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4282 OF 2009 ------------------------------------------------------ Dated this the 4th August, 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.298 of 2009 of Chingavanam Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 326 and 308 of the Indian Penal Code. 3. I have gone through the case diary and the wound certificate. The de facto complainant has sustained serious injuries. The allegation is that hired criminals are also involved in the offence. 4. Taking into account the facts and circumstances of the case, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/