IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 Bail Appl..No. 8828 of 2011() ----------------------------- CRMP.3220/2011 of DISTRICT COURT, KOTTAYAM CRIME NO.258/2011 OF VAKATHANAM POLICE STATION .................... PETITIONERS: ACCUSED : ---------------------- 1. ANEESH.P.B, AGED 29, S/O. BHASKARAN, ERATHU HOUSE, VAKATHANAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM. 2. AJESH.P.B, AGED 28, S/O.BHASKARAN, ERATHU HOUSE, VAKATHANAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM. 3. SUBHASH, AGED 34, S/O. DIVAKARAN, PANAKUNNU HOUSE, PARIYARAM.P.O, VAKATHANAM VILLAGE, CHANGANACHERY TALUK, KOTTAYAM. BY ADV. SMT.SADHANA KUMARI ESWARI SRI.P.S.SUMODU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.H.O OF POLICE, VAKATHANAM POLICE STAION, KOTTAYAM - 686 001. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8828 OF 2011 --------------------------------- Dated this the 4th day of November, 2011 ORDER This is an application for bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused in Crime No.258 of 2011 of Vakathanam Police Station, Kottayam District. 2. The offences alleged against the petitioners are under Sections 323, 326, 341 and 294(b) read with 34 of the Indian Penal Code. 3. The prosecution case is that on 21.9.2011, the defacto complainant and others prepared food in connection with the death anniversary of Sree Narayana Guru. While serving the food, the accused collected food in dirty vessel. The defacto complainant questioned the same. At that time, the accused attacked him with bricks and also fisted him. The B.A.No. 8828 OF 2011 2 defacto complainant was taken to the hospital. It is alleged that three teeth on the front row of the defacto complainant became loose and he sustained fracture on the mandible. 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