IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 21ST APRIL 2009 / 1ST VAISAKHA 1931 Bail Appl..No. 2093 of 2009() ------------------------------------------ CRIME NO.834/2008 OF THE THAMARASSERY POLICE STATION AGAINST THE JUDGEMENT/ORDER IN BA.8050/2008 .................... PETITIONERS (S)/ACCUSED --------------------------------------- 1. ASHRAF KUDUKKIL S/O. KOYAMU HAJI, KUDUKKIL HOUSE, THAMARASSERY. 2. NADIR KUDUKKIL, S/O. KUDUKKIL MOOSA HAJI, KUDUKKIL HOUSE, THAMARASSERY. 3. MUHAMMED ALI KUDUKKIL, S/O. KUDUKKIL MOOSA HAJI, KUDUKKIL HOUSE, THAMARASSERY. 4. MOHANAN KACHERIKUNNUMMAL, S/O. LATE CHATHUKUTTY, P.O.THAMARASSERY. 5. SAMARUSEEN KUDUKKIL, S/O. MUHAMMED KUDUKKIL, THAMARASSERY. 6. ASHIQ CHAKKITTAKANDI, S/O. ASHRAF, KARADI, THAMARASSERY. BY ADV. MR.K.A.SALIL NARAYANAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.C.K.SURESH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K.MOHANAN, J. -------------------------------- Bail Application No. 2093 of 2009 -------------------------------- Dated this the 21st day of April, 2009 O R D E R In this Petition filed under Sec. 438 Cr.P.C., the petitioners, who are accused in Crime No.834/2008 of the Thamarassery Police Station for offences punishable under Secs. 143,147,148,324,326 and 308 read with 149 I.P.C., seek anticipatory Bail. According to the prosecution, the petitioners and others formed themselves into an unlawful assembly and assaulted the de facto complainant using iron rod and inflicted a fracture. 2. The learned Public Prosecutor opposed the application. 3. Anticipatory bail cannot be granted in a case involving such grave offence. It is too early to accept the petitioners' contention that the petitioners have been falsely implicated. There is no reason why the petitioners should not surrender before the magistrate concerned and seek regular bail. Accordingly, If the petitioners surrender before the Magistrate concerned within two weeks from today and file an application for regular bail, the same shall be considered and disposed of preferably on the same day on which it is filed. With the above observation, this Application is disposed of. MBS/ V.K.MOHANAN, JUDGE. B.A.No. Of 2009 :-2-: