IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5556 of 2009 CRIME NO.391 OF 2009 OF PAZHAYANNUR POLICE STATION PETITIONERS: ACCUSED NOS.1 TO 3: ------------------------------- 1. MANIKANDAN, AGED 24, S/O.VEERABHADRAN, LAKSHAMVEEDU COLONY, ATHIKUNDU, SOUTH KONDAZHI, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. MANOJ, AGED 18, S/O.VEERABHADRAN, LAKSHAMVEEDU COLONY, ATHIKUNDU, SOUTH KONDAZHI, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. SANTHA, AGED 42, W/O.VEERABHADRAN, LAKSHAMVEEDU COLONY, ATHIKUNDU, SOUTH KONDAZHI, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.LELLULAL T.G.THUNDATHIL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5556 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 to 3 in Crime No.391 of 2009 of Pazhayannur Police Station. 2. The offences alleged against the petitioners are under Sections 341, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the case diary. 4. The incident was on 9.8.2009. On that day, the accused persons attacked the mother and sister of the de facto complainant's brother-in-law and they sustained injuries. The de facto complainant's brother-in-law went to the house of the injured persons to take them to the hospital. While the brother-in-law of the de facto complainant was going to get a vehicle to take the injured to B.A. NO. 5556 OF 2009 :: 2 :: the hospital, he was attacked by the accused persons with dangerous weapons. The de facto complainant's brother-in-law sustained serious injuries. 5. Taking into account the facts and circumstances of the case, the injuries sustained and the allegations levelled against the petitioners, I do not think that the petitioners are entitled to get anticipatory bail. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/