IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 2790 of 2009 CRIME NO.289 OF 2009 OF VARKALA POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2: -------------------------------------- 1. SHAMEER,AGED 24,S/O.VAHID, AKKARAVILA VEEDU, HASEENA MANZIL, MUTTAPALAM DESOM, CHEMMARUTY VILLAGE, VARKALA. 2. ABDUL VAHID,AGED 48,AKKARAVILA VEEDU, HASEENA MANZIL, MUTTAPALAM DESOM, CHEMMARUTY VILLAGE, VARKALA. BY ADV. SRI.M.L.SAJEEVAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, VARKALA POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2790 OF 2009 ------------------------------------------------------ Dated this the 18th June, 2009 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.1 and 2 in Crime No.289 of 2009 of Varkala Police Station. 2. The offences alleged against the petitioners are under Sections 323, 324 and 308 of the Indian Penal Code. 3. I have perused the case diary. 4. Taking into account the prosecution story and the sequence of events, the facts and circumstances of the case, the nature of the offence and the injuries sustained, I do not think that this is a fit case where anticipatory bail can be granted. 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/