IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH OCTOBER 2009 / 22ND ASWINA 1931 Bail Appl..No. 5227 of 2009() ----------------------------- CRIME NO.633/2009 OF ATTINGAL POLICE STATION PETITIONER : 3RD ACCUSED ------------------------------------------- SAJEEV M., S/O. MADHU, KARTHIKA BHAVAN, KOKKOTTUKONAM, KADUVAYIL, ATTINGAL P.O., ATTINGAL. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENT(S): COMPLAINANT & STATE --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5227 of 2009 --------------------------------------------- Dated this the 14th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.633 of 2009 of Attingal Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 149, 323, 324 and 308 of the Indian Penal Code. 3. The prosecution case is that the accused persons, who are members of Dalit Human Rights Movement, formed themselves into an unlawful assembly with an intention to cause injuries on the defacto complainant, attacked the defacto complainant and his friend with deadly weapons and caused injuries. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the accused persons, I am of the view that the BA No. 5227/2009 2 petitioner is not entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl