IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 Bail Appl..No. 2139 of 2009() --------------------------------------- CRIME NO. 109/09 OF NOORNADU POLICE STATION PETITIONER/IST ACCUSED: ------------------------------------------ BIJU, S/O.NARAYANAN, BIJU BHAVANAM, PULIMEL, PATTOOR P.O., NOORNADU. BY ADVS. SRI.R.SUNIL KUMAR& SMT.A.SALINI LAL RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REP.PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SRI. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. ---------------------- B.A. No.2139 of 2009 -------------------------- Dated this the 9th day of July, 2009 O R D E R This is an application for anticipatory bail under section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.109/2009 of Noornadu Police Station. 2. The offences alleged against the petitioner are under sections.143, 147, 148, 149 447, 427 and 308 read with Section 149 of the Indian Penal Code. 3. The gist of the prosecution case is as follows:- The defacto complainant is a student in a Welding Institute. He and his friends were watching a festival procession. At that time, the first accused, who is stated to be an Abkari contractor, along with his men attacked the defacto complainant and the other students with iron rods and other weapons without any rhyme or reason. It would appear that the accused persons were having some axe to grind against Madhu who runs the Welding Institute. B.A.NO. 2139/2009 2 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and also the fact that the victims are students, I am of the view that the petitioner is not entitled to get any discretionary relief under section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN,JUDGE ln