IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 Bail Appl..No. 8055 of 2011 CRIME NO.540 OF 2011 OF KUTTIADY POLICE STATION, KOZHIKODE DISTRICT PETITIONERS/ACCUSED 1. SWETHIN.K.P., AGED 21 YEARS, S/O.RAVINDRAN, KUNJIPARAMBIL (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 2. SUMESH.V.K., AGED 30 YEARS, S/O.KANARAN, VARIAMKANDY (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 3. SURESH.K., AGED 32 YEARS, S/O.POKKAN, KINARULLATHIL (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 4. SHAJU.P., AGED 35 YEARS, S/O.CHOYI, PULIYULLATHIL (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 5. SATHEESAN.O.P, AGED 34 YEARS, S/O.KANARAN, OTTAPPILAVULLATHIL (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 6. NANU.M.M., AGED 45 YEARS, MADATHIL VEETTIL (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. 7. SAJEEVAN.P.P., AGED 37 YEARS, S/O.BALAN, THARIYULLAPARAMBIL (HOUSE), CHELAPURAM AMSOM DESOM, VADAKARA TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.BRIJESH MOHAN SRI.E.C.BINEESH RESPONDENT: COMPLAINANT STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ADDL.R2 IMPLEADED: K.K.NIZAR, S/O.ANDRU, AGED 32 YEARS, KARAKKANDI HOUSE, CHERUPURAM P.O., KAKKATTIL, VADAKARA, KOZHIKODE DISTRICT, PIN 673 512. ADDL.R2 IS IMPLEADED AS PER THE ORDER DATED 12.10.2011 IN CRL.M.A.NO.6793 OF 2011. R1 BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN ADDL.R2 BY ADV. SRI.B.V.JOY SANKER THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8055 OF 2011 ------------------------------------------------------ Dated this the 12th day of October, 2011 O R D E R This Bail Application is filed by Swethin and six others for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners 2 to 7 are respectively accused Nos.1, 5, 3, 6, 4 and 2 in the case. Learned Public Prosecutor submitted that identifiable accused persons are also involved in the case and, therefore, it is not possible to say now whether Swethin is an accused. 2. The offences alleged against the accused are under Sections 143, 147, 148, 294(b), 324 and 307 read with Section 149 of the Indian Penal Code. 3. Learned Public Prosecutor made available a copy of the wound certificate which shows that the de facto complainant, K.K.Nizar, sustained fracture of 9th and 10th ribs as a result of the assault made by the accused persons in the case. BAIL APPL. NO.8055 OF 2011 :: 2 :: 4. Heard the learned counsel for the petitioners, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor. 5. The allegations levelled against the accused are grave in nature. The injuries sustained by the de facto complainant are also serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. 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 and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/