IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 9782 of 2011() ----------------------------- Crime No.597 of 2011 of Peerumed Police Station, Idukki District. PETITIONERS/ACCUSED ------------------------------ 1. NOBLE,S/O.FHILIP, PAMPANAR ESTATE,PAMPANAR P.O, PEERUMEDU VILLAGE,IDUKKI DISTRICT 2. MANOHARAN, S/O.IRUDHAYAM,PAMPANAR ESTATE, PAMPANAR P.O,PEERUMEDU VILLAGE, IDUKKI DISTRICT 3. PRAVEEN,S/O.DEVADAS, PAMPANAR ESTATE,PAMPANAR P.O, PEERUMEDU VILLAGE,IDUKKI DISTRICT 4. RUBAN, S/O.JEEVADAS, PAMPANAR ESTATE,PAMBANAR P.O, PEERUMEDU VILLAGE,IDUKKI DISTRICT 5. PREM,S/O.MOHAN, PAMPANAR ESTATE,PAMPANAR P.O, PEERUMEDU VILLAGE,IDUKKI DISTRICT 6. PRAVEEN,S/O.MOHAN, PAMPANAR ESTATE, PAMBANAR P.O, PEERUMEDU VILLAGE,IDUKKI DISTRICT 7. JAYASEELAN, S/O.IRUDHAYAM,PAMPANAR ESTATE, PAMPANAR P.O, PEERUMEDU VILLAGE,IDUKKI DISTRICT 8. GUNASEELAN, S/O.IRUDHAYAM, PAMPANAR ESTATE,PAMPANAR P.O, PEERUMEDU VILLAGE IDUKKI DISTRICT BY ADV. SRI.T.I.ABDUL SALAM SRI.JAI GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.9782 OF 2011 --------------------------------- Dated this the 3rd day of December , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1 to 8 in Crime No.597 of 2011 of Peerumed Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 143, 144, 148, 308, 324 and 323 read with 149 of the Indian Penal Code. 3. The prosecution case is that on 7.10.2011, at 7.30 P.M, the accused persons formed themselves into an unlawful assembly, armed with deadly weapons, and attacked the defacto complainant and his friend. The defacto complainant was attacked with iron rod on his head and also with knife on his thighs. He sustained lacerated wounds and incised B.A.No. 9782 OF 2011 2 wounds. 4. The allegations levelled against the petitioners are 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. 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. cms