IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST DECEMBER 2009 / 30TH AGRAHAYANA 1931 Bail Appl..No. 7331 of 2009 CRIME NO.614 OF 2009 OF KATTAKKADA POLICE STATION, THIRUVANANTHAPURAM. PETITIONERS/ACCUSED NO 1 TO 3 ------------------------------------------------- 1. VIJAYADAS,S/O.CHRISTUDAS,AGED 27 YEARS, CHERUCODE MELEPUTHEN VEEDU,KURUNTHANCODE.PO, KULATHUMMEL VILLAGE,NEYYATTINKARA TALUK, TRIVANDRUM. 2. AJAYADAS,S/O.CHRISTHUDAS,AGED 23 YEARS, CHERUCODE MELEPUTHEN VEEDU,KUUTHANCODE.PO, KULATHUMMEL VILLAGE,NEYYATTINKARA TALUK, TRIVANDRUM. 3. CHRISTHUDAS,S/O.SANKKU NADAR, AGED 51 YEARS,CHERUCODE MELEPPUTHEN VEEDU, KURUTHANCODE.PO,KULATHUMMEL VILLAGE, NEYYATTINKARA TALUK,TRIVANDRUM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7331 OF 2009 ------------------------------------------------------ Dated this the 21st day of December, 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 No.1 to 3 in Crime No.614 of 2009 of Kattakkada Police Station. 2. The offences alleged against the petitioners are under Sections 294(b), 341, 323, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 26.11.2009 at 6.15 PM, the accused persons attacked the de facto complainant with hitting block which caused grievous injuries on the de facto complainant. It is stated by the learned Public Prosecutor that the de facto complainant sustained fracture of his nasal bone and cheek bone. The allegation is that the second accused was in the habit of peeping while girls were taken bath. This was questioned by the people of the locality and a mass petition was filed. The de facto complainant is one of the signatories to the mass petition. It is alleged that the B.A. NO. 7331 OF 2009 :: 2 :: attack was made on account of the enmity in disclosing the illegal activities of the second accused. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/