IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 Bail Appl..No. 5608 of 2009 CRIME NO.196 OF 2009 OF ARTHUNKAL POLICE STATION PETITIONERS: ACCUSED NOS.1 AND 2: ------------------------------ 1. RAJU A.J. AGED 29 YEARS, S/O. JOHN, RESIDING AT ARAKKAL HOUSE, ARTHUNGAL P.O., ALAPPUZHA DISTRICT. 2. NITHAPPAN @ NITHIN,AGED 25 YEARS, S/O. JOY, KAKKARI HOUSE, ARTHYUNGAL P.O. ALAPPUZHA DISTRICT. BY ADV. SRI.P.LIJO RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY S.I. OF POLICE, ARTHUNGAL POLICE STATION, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.P.A.SALIM THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5608 OF 2009 ------------------------------------------------------ Dated this the 17th day of November, 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 and 2 in Crime No.196 of 2009 of Arthunkal Police Station, Alappuzha District. 2. The offences alleged against the petitioners are under Sections 323 and 326 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injury sustained by the de facto complainant and other circumstances, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioners. Learned Sessions Judge was also of the view that the petitioners are not entitled to get the discretionary relief under B.A. NO. 5608 OF 2009 :: 2 :: Section 438 of the Code of Criminal Procedure. I concur with the view taken by the learned Sessions Judge on a reconsideration of the facts and circumstances of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/