IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5212 of 2009() ------------------------------------- CRIME NO.194/2009 OF BEYPORE POLICE STATION, KOZHIKODE .................... PETITIONERS/ACCUSED: --------------------------------------- 1. T.K.ANEES, S/O.UMMER, THAIKADAPPURATH, CHALIYAM, KADALUNDI, KOZHIKODE DISTRICT. 2. P.ALFAN, S/O.ASHRAF, PADINHARAYIL HOUSE, CHALIYAM-KADALUNDI, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5212 of 2009 ------------------------------------ Dated this the 16th day of September, 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 and 2 in Crime No. 194/2009 of Beypore Police Station. 2. The offences alleged against the petitioners are under Sections 341, 326 and 506(i) read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: The defacto complainant is the area sales Manager of Parle Agro Company. He went to the nearby market on Sunday, the 9th February, 2009. The accused persons raised the throttle of their bike and tried to run the bike towards a crowd. The defacto complainant pointed out that it would cause accident and injury to the people. At that time, the accused persons attacked the defacto complainant and caused injuries. He sustained fracture of nasal bone. 4. Taking into account the facts and circumstances of B.A. No. 5212 of 2009 2 the case, I am of the view that, this is not a fit case where Anticipatory Bail can be granted to the petitioner. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. It is submitted by the learned counsel for the petitioners that atleast there may be a direction not to arrest the petitioners until Ramzan is over. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested till 23.09.2009. This submission is recorded. K.T. SANKARAN, JUDGE ln