IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2640 of 2009() ----------------------------- CRIME NO.304/09 OF KAYAMKULAM POLICE STATION PETITIONER/ACCUSED NO.1 & 2 ----------------------------------------------- 1. SALIM, AGED 40 YEARS, S/O.ISMAIL KUTTY, NJAVAKKATTU VEEDU, KEERIKKADU SOUTH, KAYAMKULAM. 2. BASHEER @ KUNJUMON, AGED 38 YEARS, S/O.ISMAIL KUTTY, OF -DO -DO- BY ADV. SRI.S.MOHANAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.2640 of 2009 -------------------------------- Dated this the 4th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.304 of 2009 of Kayamkulam Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. The defacto complainant has sustained serious injuries including fracture. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and the stage of investigation, I do not think that it is proper to grant anticipatory bail to the petitioner. If anticipatory bail is granted, it would affect the smooth investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl