IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3244 of 2009 CRIME NO.31 OF 2009 OF VELLARADA POLICE STATION CRL.M.C.NO.487 OF 2009 OF ADDITIONAL SESSIONS COURT – I, THIRUVANANTHAPURAM. PETITIONERS/ACCUSED -------------------------------------- 1. CHRIST BABU,AGED 34 YRS,S/O.NELSON, RESIDING AT NEDUVAN KUNNU PUTHEN VEEDU, MANNAMKONAM.P.O,KALLIMOODU,NEYYATTINKARA, THIRUVANANTHAPURAM. 2. S.CHANDRAN,AGED 40 YRS,S/O.SUNDARAN, RESIDING AT SUBUN BHAVAN,ROADARIKATHU VEEDU, CHAYAMPOTTA,MANNAMKONAM.PO,KALLIMOODU, NEYYATTINKARA TALUK,THIRUVANANTHAPURAM. BY ADV. SRI.NISHIN GEORGE VIJAYABABU SRI.E.K.AVINASH RESPONDENTS: COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE,VELLARADA POLICE STATION, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3244 OF 2009 A ------------------------------------------------------ Dated this the 17th 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 are accused Nos.1 and 2 in Crime No.31 of 2009 of Vellarada Police Station. 2. The offences alleged against the petitioners are under Sections 452, 323 and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 3.2.2009 at 10.30 PM, the accused persons forcibly entered into the house of the de facto complainant and attacked him with iron bars. The de facto complainant stated that they attacked the de facto complainant stating as to why he had not provided sufficient land for a pathway. The de facto complainant was admitted in the hospital. It is submitted by the learned Public Prosecutor that the investigation is not over and that the first accused is involved in several other cases. B.A. NO. 3244 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/