IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 1974 of 2009(F) ------------------------------------- CMP.1361/2009 of J.M.F.C.,PAYYANNUR CRIME NO.83/2009 OF PERINGOME POLICE STATION .................... PETITIONERS - ACCUSED : -------------------------------- 1. MADATHIL SUBAIR, S/O.MUSTAFA, AGED 26 YEARS, PERINGOME AMSOM. 2. ULIYIL MOOLAYIL ASHRAF, S/O.HAMZA, AGED 24 PERINGOME AMSOM. 3. ERUMBANTAKATH RAFNAZ, S/O.MUHAMMED KUNHI, AGED 23, PERINGOME AMSOM. BY ADV. SRI.P.M.HABEEB RESPONDENT/COMPLAINANT : ------------------------------------ STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PERINGOME POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. --------------------------------------- B.A. No.1974 OF 2009 --------------------------------------- Dated this the 21st day of April, 2009 O R D E R The petitioners seeking regular bail in crime No.83/2009 of Peringome Police Station. The crime is registered for the offences punishable under Sections 143, 147, 148, 341, 326, 308 read with 149 of I.P.C. The petitioners were arrested on 02.04.2009. 2. The allegation against the petitioners is that they along with other accused came in a car on 01.04.2009 at about 11 a.m. and intercepted an auto rickshaw in which the defacto complainant and another were travelling and attacked them with iron stick and thereby caused injuries to them. The incident occurred on 01.01.2009 and the petitioners were arrested only on 02.04.2009. 3. The learned Public Prosecutor opposed the bail application. Considering the seriousness of the allegations made and the fact that the incident was taken place on 01.04.2009 and the accused were arrested only on 02.04.2009, I am of the view that the petitioners are not entitled to get bail B.A.No.1974 of 2009 2 at this stage. Consequently the relief sought for in this petition is rejected. In the result, there is no merit in the petition and accordingly, the same is dismissed. V.K.MOHANAN JUDGE pac