IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2311 of 2009() ----------------------------- CRIME NO.260/2009 OF KASARAGODE POLICE STATION PETITIONERS/ACCUSED --------------------------------------- 1. PRAVEENKUMAR, AGED 29 YEARS, S/O.NARAYANAN, BHAGAVATHI NAGAR, SIRIBAGILU P.O., KUDLU VILLAGE, KASARAGODE. 2. SATHYAN @ SATHISH, AGED 20, S/O.RAMAN, BHAGAVATHI NAGAR, SIRIBAGILU P.O., KUDLU VILLAGE, KASARAGODE. 3. SHIVAJI @ SHIVARAJAN, AGED 20, S/O.GOPALAN, BHAGAVATHI NAGAR, SIRIBAGILU P.O., KUDLU VILLAGE, KASARAGODE. 4. ASHOKAN, AGED 29, S/O.NARAYANAN, BHAGAVATHI NAGAR, SIRIBAGILU P.O., KUDLU VILLAGE, KASARAGODE. 5. HAREESH P., AGED 24, S/O.CHANDRASHEKARA, BHAGAVATHI NAGAR, SIRIBAGILU P.O., KUDLU VILLAGE, KASARAGODE. 6. NAGARAJA, AGED 22, S/O.GOPALAN, BHAGAVATHI NAGAR, SIRIBAGILU P.O., KUDLU VILLAGE, KASARAGODE. BY ADV. SRI.T.G.RAJENDRAN SRI.T.R.TARIN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. THE SUB INSPECTOR OF POLICE, KASARAGODE POLICE STATION. 2. STATE, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.2311 of 2009 ------------------------------- Dated this the 26th day of May, 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 6 in Crime No.260 of 2009 of the Kasaragod Police Station. 2. The offence alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324 and 153(A) read with Section 149 IPC. 3. The learned counsel for the petitioners submitted that there is no material to show that the petitioners have committed the offence. He stated that the injuries sustained by the defacto complainant and his friend are simple in nature. The learned public prosecutor submitted, with reference to the statements in the FI statement, that the incident happened when the defacto complainant and his friend were proceeding on a motor bike, about 20 people intercepted and shouted that the defendant complainant and his friend are Muslims and therefore, they are BA No.2311/2009 2 liable to be killed. The persons who intercepted the vehicle also stated that the Muslims are liable to be sent to Pakistan. 4. Taking into account the facts and circumstances of the case, I am not inclined to grant anticipatory bail as prayed for. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl