IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2432 of 2009(D) ------------------------------------- CRIME NO.252/2009 OF THE CHANGANACHERRY POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 4 : ---------------------------------------------- 1. KRISHNAN KUTTY, AGED 72 YEARS, S/O. GOVINDHAN KUNNUPARAMBIL HOUSE, VAZHAPPALLY, CHANGANACHERRY. 2. SHAJI, AGED 38 YEARS, S/O. KRISHNAN KUTTY, KUNNUPARAMBIL HOUSE, VAZHAPPALLY, CHANGANACHERRY. 3. BINU,AGED 34 YEARS S/O.KRISHNANKUTTY, KUNNUPARAMBIL HOUSE, VAZHAPPALLY, CHANGANACHERRY., 4. SASESWARAN, AGED 46 YEARS, SREEKRISHNA, THIRUVAMPADY, ALAPPUZHA. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENT/COMPLAINANT : ------------------------------------ SUB INSPECTOR OF POLICE, CHANGANACHERRY, POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2432 of 2009 ------------------------------------ Dated this the 21st day of May, 2009 ORDER This is an application for anticipatory bail filed by accused Nos.1 to 4 in Crime No.252/2009 of Changanacherry Police Station. Offences alleged against the petitioners are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. The prosecution case is that on 22/04/2009, the petitioners attacked the defacto complainant and caused grievous hurt to him. The allegation is that the defacto complainant was attacked with an iron rod resulting in the loss of a tooth. There is also an allegation that the 3rd petitioner inflicted injuries with a knife. 2. In the nature of the allegations levelled against the petitioners, I do not think that they are entitled to the relief under Section 438 of the Code of Criminal Procedure. If an order is granted under Section 438 of the Code of Criminal Procedure at this stage, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm