IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 Bail Appl..No. 5424 of 2009() ---------------------------------------- CRIME NO.348/2009 OF NOORANAD POLICE STATION, ALLEPPY PETITIONERS/ACCUSED 1 TO 4: ----------------------------------------------- 1. BALAJITH, S/O.KLANJIRAVILAYIL BALAN, PAYYANELLUR, MAVELIKKARA. 2. RENJITH, S/O.KLANJIRAVILAYIL RAVEENDRAN, PAYYANELLUR, MAVELIKKARA. 3. K.,MANOJ, S/O.POYADU KRISHNANKUTTY, PAYYANELLUR, MAVELIKKARA. 4. BALA AJESH, S/O.KANJIRAVILAYIL BALAN, PAYYANELLUR, MAVELIKKARA. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M .S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5424 of 2009 ------------------------------------ Dated this the 9th day of October, 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 the accused persons in Crime No.348/2009 of Nooranad Police Station, Alappuzha. 2. The offences alleged against the petitioners are under Sections 341, 326, 324, 323, 427 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the Case Diary. The wound certificate shows that the de facto complainant sustained fracture of upper end of right leg apart from other injuries. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained and the allegations leveled against the petitioners, I do not think that 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