IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3420 of 2009 CRIME NO.20 OF 2009 OF PARIYARAM MEDICAL COLLEGE POLICE STATION PETITIONERS/ACCUSED 5, 6, 7 & 2 --------------------------------------- 1. SAJID P.K., AGED 22 YEARS, S/O.IBRAHIM, PILAVINTE KEEZHIL HOUSE, ARIPPAMBRA, PARIYARAM AMSOM, THIRUVATOOR DESOM. 2. NIZAR P.K., S/O.IBRAHIM, AGED 19 YEARS, PILAVINTE KEEZHIL HOUSE, ARIPPAMBRA, PARIYARAM AMSOM, THIRUVATOOR DESOM. 3. NUHMAN, S/O.ABDUL KADER, AGED 24 YEARS, MOOLAYIL HOUSE, ARIPPAMBRA, PARIYARAM AMSOM, THIRUVATOOR DESOM. 4. RAFI, S/O.MUHAMMED KUNHI, AGED 28 YEARS, THATTIKOOTTIL HOUSE, ARIPPAMBRA, PARIYARAM AMSOM, THIRUVATOOR DESOM. BY ADV. SRI.C.P.PEETHAMBARAN SRI.M.X.ANTONY LIJO RESPONDENT: COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, PARIYARAM MEDICAL COLLEGE POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3420 OF 2009 ------------------------------------------------------ Dated this the 3rd July, 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.5, 6, 7 and 2 respectively in Crime No.20 of 2009 of the Pariyaram Medical College Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 324, 427 and 308 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injuries sustained by the de facto complainant and others and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/