IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 Bail Appl..No. 7362 of 2011() ----------------------------- CRIME NO.598/11 OF ALAPPUZHA NORTH POLICE STATION, ALAPPUZHA PETITIONERS ---------------- 1. BIBIN, S/O. BABU, VELIYIL, PONNADU P.O., ALAPPUZHA. 2. ANEESH VASUDEVAN, NEDUMBALLIYIL, PONNADU P.O., ALAPPUZHA. 3. MAHESH, S/O. MOHANDAS, ASARIPARAMBU, MUHAMMA P.O., ALAPPUZHA. 4. PRASANNAN, LATHALAYAM, MANNANCHERRY P.O., ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7362 of 2011 --------------------------- Dated this the 26th day of September, 2011 O R D E R The petitioners, 4 in number, seek anticipatory bail apprehending arrest in Crime No.598 of 2011 of Alappuzha North Police Station. The learned Public Prosecutor submitted that petitioners 1 and 2 have not been arrayed as accused so far and petitioners 3 and 4 are respectively accused No.12 and accused No.11 in the crime. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 149, 153(A), 323, 324, 326, 341 and 308 IPC. 3. The allegation is that on 28.7.2011, the accused persons who belong to a particular organisation attacked the accused, who are members of another organisation, with deadly weapons like sword sticks and iron rods and injuries BA 7362/11 2 were caused to two persons. It is stated that the criminal acts were committed with an aim of promoting hatred between two communities. 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail application is dismissed. K.T.SANKARAN JUDGE csl BA 7362/11 3 K.T.SANKARAN, J. --------------------------- B.A.No. of 2011 --------------------------- Dated this the ... day of September, 2011 O R D E R BA 7362/11 4 K.T.SANKARAN JUDGE csl