IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH JUNE 2009 / 25TH JYAISHTA 1931 Bail Appl..No. 3002 of 2009() ----------------------------- CRIME NO.36/2009 OF KATTOOR POLICE STATION .................... PETITIONER/IST ACCUSED ------------------------------------------ FAISAL @ BABALU, AGED 36 YEARS, S/O.SYED, PANIKKASSERY KADAVIL, SYED MANZIL, POONJANAM, KATTOOR VILLAGE, MUKUNDAPURAM TALUK. BY ADV. DR.K.B.SURESH RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, IRINJALAKUDA. 3. THE SUB INSPECTOR OF POLICE, KATTOOR POLICE STATION, THRISSUR DIST. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3002 of 2009 ------------------------------- Dated this the 15th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.36 of 2009 of Kattoor Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 341, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case, in a nut shell, is as follows: One Biju was in the hospital. The accused persons, in order to attack the said Biju, went to the hospital. They were prevented by the injured in the present case, who is another Biju. (hereinafter referred to as the injured.) The injured was attacked by the accused persons with deadly weapons resulting in serious injuries. The injured was taken to the hospital. He could not speak. His brother narrated the incident to the police and a crime was registered. All other accused, except the petitioner, were arrested. The petitioner was absconding since 10.2.2009, the date of the incident. He has filed this Bail Application on 29.5.2009 apprehending arrest. BA No.3002/2009 2 4. Taking into account the facts and circumstances of the case, the nature of the injuries and the conduct of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl