IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 6030 of 2009 CRIME NO.178 OF 2009 OF PALLICKAL POLICE STATION, THIRUVANANTHAPURAM PETITIONERS: ACCUSED NOS.4,5 AND 6: 1. RAFEEK, S/O. MOHAMMED SALI, AGED 41 YEARS, PUTHUPURAKKAL MAVINMUDU, MADAVOOR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. 2. JAYADEVAN, S/O. P.SURENDRAN, AGED 36 YEARS ROJ VILASAM, MOOTHALA P.O., MADAVOOR, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURM DISTRICT. 3. SULFIKAR, S/O.KABEER RAUTHAR, AGED 32 YEARS, THENNAEL VEEDU, SAM NAGAR, ASARIKONAM P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DIST. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENT: COMPLAINANT: STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6030 OF 2009 ------------------------------------------------------ Dated this the 24th day of March, 2010 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.4, 5 and 6 in Crime No.178 of 2009 of Pallickal Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 143, 144, 147, 148, 149, 294(b), 452, 323, 324, 447 and 354 read with Section 149 of the Indian Penal Code. 3. When the Bail Application came up for hearing on 4.3.2010, the following order was passed: “After having heard the learned counsel for the petitioners and the learned Public Prosecutor, I am of the view that before disposing of the Bail Application, an opportunity should be given to the petitioners to appear before the investigating officer. Accordingly, there will be a direction to the petitioners to appear before the investigating officer at 9 AM on 9th and 10th March, 2010. B.A. NO. 6030 OF 2009 :: 2 :: Post on 16.3.2010. It is submitted by the learned Public Prosecutor that the petitioners will not be arrested until further orders in connection with Crime No.178 of 2009 of Pallickal Police Station, Thiruvananthapuram. The petitioners shall produce a copy of this order before the investigating officer.” 4. It is submitted by the learned counsel for the petitioners as well as the learned Public Prosecutor that the petitioners have not complied with the direction contained in the order dated 4.3.2010. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and also taking note of the fact that the direction in the order dated 4.3.2010 has not been complied with by the petitioners, I am of the view that the petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/