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. 4456 of 2009 CRIME NO.96 OF 2009 OF KUTTAMPUZHA POLICE STATION PETITIONERS/ACCUSED 2 & 4 --------------------------------------------- 1. SHAJU SREEDHARAN, AGED 30 YEARS, S/O.SREEDHARAN, PARAPPANATTU HOUSE, VETTAMPARA P.O., KOTHAMANGALAM. 2. KUMARAN, AGED 48 YEARS, S/O.PAPPUTTY, MATTATHIL HOUSE, VETTAMPARA P.O., KOTHAMANGALAM. BY ADV. SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, (SUB INSPECTOR OF POLICE, KUTTAMPUZHA POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 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. 4456 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. The petitioners are accused Nos.2 and 4 in Crime No.96 of 2009 of Kuttampuzha Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 323, 325, 333 and 353 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 21.6.2009, the petitioners and the other accused went to the Thattekkad Bird Sanctuary. The Watchman did not permit the accused persons to consume alcohol within the precincts of the Bird Sanctuary. Infuriated by this, the petitioners attacked the Watchman. He sustained grievous injuries including fracture. 4. The petitioners filed B.A.No.3971 of 2009 for anticipatory bail. That application was dismissed by me by the order dated B.A. NO. 4456 OF 2009 :: 2 :: 22.7.2009. This is the second application. There is no reason why the petitioners should be permitted to file a second application for the same relief. The Bail Application lacks merits and it is accordingly dismissed. (K.T.SANKARAN) Judge ahz/