IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 Bail Appl..No. 767 of 2010() ------------------------------- CRIME NO. 32/2010 OF KATTAKADA POLICE STATION ................. PETITIONERS/ACCUSED: ----------------------------- 1. SURESHKUMAR @ SURA,AGED 40, S/O.GANGADHARAN NAIR,THAKKUVILA,PULIYOORKONAM, KATTAKKADA P.O. 2. AJIKUMAR,AGED 37,S/O.VASUDHAVAN NAIR, JYOTHI BHAVAN,KANJIYOOR KONAM, KATTAKKADA. 3. VIJAYAKUMARA A.K,AGED 38, S/O.KANNUSWAMI ASSARI,MIDHILA, KANJIYOORKONAM,KATTAKKADA. BY ADV. SRI.R.GOPAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTEDBY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 767 of 2010 ------------------------------------ Dated this the 4th day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos. 1 to 3 in Crime No.32/2010 of Kattakada Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324, 294(b) and 307 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 19.01.2010, the first accused came in an autorickshaw to the petrol bunk, in which the victim was working as security guard. The first accused wanted to get petrol, but he was not prepared to get petrol waiting in the queue. The victim directed the first accused to keep the queue. He and his friends, accused Nos. 2 and 3, who came to the spot, attacked the victim with dangerous weapons. He sustained injuries. He was admitted in the hospital. The victim was unconscious from 19.01.2010 till 25.01.2010. The Medical Certificate discloses deep lacerated wound with profuse bleeding on the parietal region of the head of the victim. B.A. No. 767/2010 2 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The victim is aged 60 years. The allegation is that he was brutally attacked by the accused persons. 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 investigation of the case. In these circumstances, I am not inclined to grant bail to the petitioners. For the aforesaid reasons, the Bail application is dismissed. K.T. SANKARAN, JUDGE ln