IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Bail Appl..No. 3404 of 2009() ------------------------------------- CRIME NO.346/2009 OF WADAKKANCHERRY POLICE STATION, THRISSUR PETITIONERS/ACCUSED 1,2 AND 5: --------------------------------------------------- 1. ANEESH, AGED 23 YEARS, BUS DRIVER, S/O.RAJAN, CHEMPATHU VALAPPIL HOUSE, AKAMALA P.O., ENKAKKAD, THRISSUR DISTRICT. 2. RETHEESH, AGED 21 YEARS, KOOLY WORKER, S/O.SIVAN, CHEMPATHY VALAPPIL HOUSE, AKAMALA P.O., ENKAKKAD, THRISSUR DISTRICT. 3. VINU, AGED 22 YEARS, KOOLY WORKER, S/O.CHATHA, KODAKKADATHU HOUSE, AKAMALA P.O., ENKAKKAD, THRISSUR DISTRICT. BY ADV. SRI.K.B.MOHANDAS RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3404 of 2009 ------------------------------------ Dated this the 29th day of 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, 2 and 5 in Crime No.346/2009 of Wadakkancherry Police Station, Thrissur. 2. The offences alleged against the petitioners are under Sections 143, 145, 147, 148, 323, 324 and 326 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary. The wound certificate would disclose that the defacto complainant had sustained fracture of nasal bone. 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 this is a fit case where the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail application is accordingly dismissed. K.T. SANKARAN, JUDGE scm