IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 Bail Appl..No. 3359 of 2008() ----------------------------- CRIME 135/08 OF VELLAYIL POLICE STATION, KOZHIKODE PETITIONERS/ACCUSED ------------------------------------ 1. SAKEER, S/O.KHADER, PUTHIYAKADAVU, KOZHIKODE. 2. ISMAIL, S/O.MOHAMMED, PUTHIYAKADAVU, KOZHIKODE. 3. ANSIL, S/O.BASHEER, PUTHIYAKADAVU, KOZHIKODE. 4. FAIZAL, S/O.ABDULLAKOYA, PUTHIYAKADAVU, KOZHIKODE. 5. FIROZ, S/O.HAMSA, PUTHIYAKADAVU, KOZHIKODE. BY ADV. SRI.P.SANJAY SRI.M.MUHAMMED SHAFI RESPONDENTS: ------------- STATE OF KERALA, REPD. BY THE SUB INSPECTOR OF POLICE, VELLAYIL POLICE STATION, KOZHIKODE THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.HEMA, J. ----------------------------------------- B.A.No. 3359 of 2008 ----------------------------------------- Dated this the 27th day of May, 2008 O R D E R Petition is filed under Sections 438 of the Code of Criminal Procedure. 2. Petitioners are accused Nos. 2 to 6. The alleged offences are under Sections 143, 147, 148, 427, 452 and 308 read with 149 of the Indian Penal Code. According to prosecution, on 16.5.2008 at about 5 PM, the defacto complainant, along with his friends, were travelling in an auto rickshaw, driven by the first accused. Some dispute arose regarding the fare. Petitioners, who are friends of first accused, manhandled the passengers. Iron rod was also used for commission of the offence. 3. Learned Public Prosecutor submitted that the iron rod is not so far required. Though the incident is occurred on 16.5.2008, the petitioners could not be arrested so far. I am satisfied that petitioners would be required for custodial interrogation and an effective investigation. Hence, it may not be proper to grant anticipatory bail. The Petition is dismissed. K.HEMA, JUDGE vgs.