IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2037 of 2010() ----------------------------------------- CRIME NO.86/2010 OF ARALAM POLICE STATION, KANNUR DISTRICT. .................... PETITIONERS/ACCUSED 1 TO 6 ---------------------------------------------- 1. CHALI @ RAFEEQUE. K. @ RASAK, S/O.SEETHI, DRIVER, AGED 26 YEARS, KUNNEKATTIL (H), KEEZHPALLI. 2. KONGOLA JAIMON, S/O. ALEX, AGED 25 YEARS, KONGOLA HOUSE, KEEZHPALLI, CHATHIROOR, KEEZHPALLI.P.O. 3. KONGOLA BAVA @ JAYESH, S/O.ALEX, AGED 21 YEARS, KONGOLA HOUSE, KEEZHPALLI, CHATHIROOR, KEEZHPALLI P.O. 4. KONGOLA JOJO, S/O.ALEX, AGED 19 YEARS, KONGOLA HOUSE, KEEZHPALLI, CHATHIROOR, KEEZHPALLI. 5. KONGOLA BABY SEBASTIAN, S/O.SEBASTIAN, DRIVER, AGED 19 YEARS, KONGOLA HOUSE, CHATHIROOR, KEEZHPALLI. 6. SANTHOSH, S/O.PAUL, AGED 30 YEARS, KOCHUMALAYIL HOUSE, KEEZHAPALLI, CHATHIROOR. BY ADV. SRI.K.V.PAVITHRAN, SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL. RESPONDENT(S): -------------------------- S.H.O. ARALAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.P.A. SALIM. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/04/2010,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. V.K. MOHANAN, J. ---------------------------------------- Bail Application No.2037 of 2010 ----------------------------------------- Dated this the 16th day of April, 2010 O R D E R This is an application filed under Section 438 of Cr.P.C. seeking anticipatory bail. 2. The petitioners apprehend arrest connected with Crime No. 86/2010 of Aralam Police Station in which offences under Sections 143, 147, 148, 341, 323, 324, 308 r/w 149 of I.P.C. are involved. 3. The allegation against the petitioners is that on 11.3.2010 at 19.00 hours petitioners/accused armed with deadly weapons came in a goods auto rickshaw and assaulted the defacto complainant in Chathirur Town while the defacto complainant was telephoning, causing grievous injuries thereby the accused are alleged to have committed the aforesaid offences. 4. I have heard learned counsel for the petitioners and the learned Public Prosecutor. 5. Having regard to the facts and circumstances Bail Application No.2037 of 2010 2 involved in the case, especially the gravity of the offences involved and the allegations, I am not inclined to grant anticipatory bail to the petitioners as the same will adversely affect the investigation in the above crime which is now in progress. It is also relevant to note the grievous nature of the injuries sustained by the victim and the weapons used to inflict such injuries which are also relevant facts which persuade this Court to decline anticipatory bail in favour of the petitioners. In the result, I find no reason to grant anticipatory bail to the petitioners by exercising the extra ordinary jurisdiction of this Court under Section 438 of Cr.P.C. Therefore, there is no merit in this petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE mns/