IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Bail Appl..No. 4098 of 2009() ----------------------------- CRIME NO.155/2009 OF VANDIPERIYAR POLICE STATION PETITIONERS (S): ACCUSED 1 TO 3 ------------------------------------------------ 1. JANSON, S/O.STEPHEN ARACKAL, 59TH MILE KARA PEERUMEDU VILLAGE. 2. JOHNSON, S/O.STEPHAN ARACKAL, 59TH MILE KARA PEERUMEDU VILLAGE. 3. STEPHAN, ARACKAL 59TH MILE KARA PEERUMEDU VILLAGE. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR SRI.P.P.BIJU RESPONDENT(S): COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4098 OF 2009 ------------------------------------------------------ Dated this the 3rd August, 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.1 to 3 in Crime No.155 of 2009 of Vandiperiyar Police Station. 2. The offences alleged against the petitioners are under Sections 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the allegations levelled against the petitioners, the injury sustained and other circumstances, I do not think that this is a fit case where the discretionary relief under Section 438 can be granted to the petitioners. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/