IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 30TH OCTOBER 2009 / 8TH KARTHIKA 1931 Bail Appl..No. 5668 of 2009() ----------------------------- CRIME NO.594/2009 OF PATHANAPURAM POLICE STATION PETITIONERS/ACCUSED 1 TO 4,6 AND 7 ------------------------------------------------------ 1. SHIBU, AGED 35, S/O.THANKAPPAN, MANJU BHAVAN, MALOOR P.O., KARIMPALOOR, PATHANAPURAM, KOLLAM. 2. RAJEEV, AGED 26, S/O.RAJU, PRAKASH BHAVAN, MURIKKAMKODE, MALOOR P.O., PATHANAPURAM, KOLLAM. 3. MOHANAN, AGED 46, S/O.THANKAPPAN, MUKESH BHAVAN, MALOOR P.O., KARIMPALOOR, PATHANAPURAM, KOLLAM. 4. MUKESH, AGED 19, S/O.MOHANAN, MUKESH BHAVAN, MALOOR P.O., KARIMPALOOR, PATHANAPURAM, KOLLAM. 5. BHASKARAN, AGED 38, S/O.SANKARAN, MURIKKANKODU VEEDU, MALOOR P.O., PATHANAPURAM. 6. PRADEEP, AGED 45, S/O.KUNJIRAMAN, MURIKKINKODU THAZATHIL, MALOOR P.O., KARIMPALOOR, PATHANAPURAM, KOLLAM. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.594/09 OF PATHANAPURAM POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5668 of 2009 --------------------------------------------- Dated this the 30th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 to 4, 6 & 7 in Crime No.594 of 2009 of Pathanapuram Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 143, 147, 447, 341, 324 and 326 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 2.9.2009 at 10 P.M. The de facto complainant and her husband sustained fracture in the incident. They were admitted in the Medical College Hospital. The allegations levelled against the petitioners and the other accused are serious in nature. The allegation is that the accused persons came to the house of the defacto complainant's husband's brother and attacked them and caused grievous hurt. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the allegations levelled against BA No.5668/2009 2 the petitioners and other attendant circumstances, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioners. If anticipatory bail is granted to the petitioners, it would affect the smooth and proper investigation of the case. Accordingly, the Bail application is dismissed. K.T.SANKARAN, JUDGE csl