IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 9610 of 2011() ----------------------------- CRIME NO.601/2011 OF KUNNAMANGALAM POLICE STATION KOZHIKODE DISTRICT PETITIONERS/ACCUSED Nos.1, 2,4 & 3 ----------------------------------------------------- 1. AJMAL, AGED 23 YEARS, S/O.ASHRAF, RESIDING AT RABLYAS, THALASSERY AMSOM, PONNIYAM DESOM, THALASSERY TALUK, KANNUR DISTRICT. 2. TIJO VARGHESE, S/O.U.D.VARGHESE, AGED 23 YEARS, OTHUKUZHIYIL HOUSE, MOOTHEDAM.P.O., MALAPPURAM DISTRICT. 3. RAHEES, AGED 23 YEARS, S/O.SHOUKATHALI, MANJAMPARAKKAM (H), PATTIKKAD.P.O., MALAPPURAM DISTRICT. 4. MITHUN, AGED 23 YEARS, S/O.RAMADAS, PRADEEKSHA, KOYAKATTU HOUSE, KOLATHARA.P.O., KOZHIKODE DISTRICT. BY ADV. SRI.K.ABDUL JAWAD RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.682 031. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9610 of 2011 ---------------------------------------------- Dated this the 14th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2, 4 and 3 in Crime No.601 of 2011 of Kunnamangalam Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 427, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The petitioners, the de facto complainant and the other injured persons are engineering students in KMCT College, Kallanthode. The allegation is that on 18/10/2011, while the de facto complainant and his friends were returning from the Medical College Hospital after visiting their friends, they were attacked by the accused persons with dangerous weapons. The de facto complainant and his friends sustained injuries. The de facto complainant sustained grievous hurt. It is stated that the friends of the de facto complainant were admitted in the Medical College Hospital due to the attack Bail Appln.No.9610/2011 : 2 : made by the senior students on the previous date. The de facto complainant and his friends are the junior students in the college, while the accused are the senior students. 4. Taking into account the facts and circumstances of the case, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioners. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required 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 aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE skj