IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Bail Appl..No. 7244 of 2011() ----------------------------- CRIME NO.2548/2011 OF CENTRAL POLICE STATION, ERNAKULAM .................... PETITIONERS/ ACCUSED --------------------------- 1. ANOOP P,AGED 23 YEARS,S/O.PUSHKARAN T, R/AT.ULLUR CHIRAVELI HOUSE,MUHAMMA P.O, ALAPPUZHA 688 525. 2. PRINCE P.JOSEPH,AGED 29 YEARS, S/O.P.H.JOSEPH,PLATHAL HOUSE, AMBALAMEDU P.O, 682 303, KUZHITHADU,PUTHENCRUZ VILLAGE, ERNAKULAM DISTRICT. 3. AKHIL APPUKUTTAN,AGED 2O YEARS, S/O.APPUKUTTAN C.K, KATTITHARATHUNDI HOUSE,MADHYAMAM ROAD, MARADU P.O, 682 304,ERNAKULAM DISTRICT. 4. JERIN VARGHESE,AGED 19 YEARS, S/O.VARGHESE SCARIA,KOCHUVEETTIL HOUSE, KANHIKUZHI P.O, 686 606,THODUPUZHA TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: COMPLAINANAT --------------------------- 1. STATE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.2548/2011 OF CENTRAL POLICE STATION, ERNAKULAM) ERNAKULAM DISTRICT. PUBLIC PROSECUTOR MR. V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, JUDGE --------------------------------------- B.A.No.7244 of 2011 ---------------------------------------- Dated this the 4th day of October, 2011 ORDER This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 4 in Crime No.2548 of 2011 of of Central Police Station, Ernakulam 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 read with Section 34 of Indian Penal Code. 3. The prosecution case is the following: On 9.8.2011 at about 2 P.M. while the defacto complainant and his friend were trying to go out of the campus of Maharaja's College, the accused persons attacked the defacto complainant with iron pipes and caused serious injuries on him. The de facto complainant fell down from the bike. Even thereafter, he was beaten by the accused. The defacto complainant became unconscious and he was taken to the hospital. B.A.No.7244 of 2011 2 4. It is alleged that the de facto complainant belongs to a students' organization and the accused belong to another students' organization and that the offence was committed due to political rivalry. 5. The allegations against the petitioners are grave in nature. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioners. Custodial interrogation of the petitioners may be necessary in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the afore said reasons, the bail application is dismissed. K.T.SANKARAN, JUDGE rkc