IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2310 of 2009 CRIME NO.169 OF 2009 OF PAYYANNOOR POLICE STATION PETITIONERS/ACCUSED 1 TO 6 ---------------------------------------------- 1. E.M.P.SHUKKOOR, S/O.ABDULLA, AGED 33 YEARS, E.M.P.HOUSE, PAYYANNOOR AMSOM, KAVAI. 2. AJEEZ.T.P., AGED 23 YEARS, S/O.T.P.AZEEZ, P.O.KAVAI, PAYYANNUR. 3. ISMAIL NURUDHIN, AGED 37 YEARS, S/O.K.ABDULRAHIMAN HAJI, KAVAI, PAYYANNUR. 4. S.SADAKATH, AGED 34 YEARS, S/O.EMP MUHAMMADALI HAJI, P.O.KAVAI, PAYYANNUR. 5. M.SUHAIB, AGED 20 YEARS, S/O.MUHAMMEDKUNJI, P.O.KOVAI, PAYYANNUR. 6. P.P.RAFEEQ, AGED 21 YEARS, S/O.AHAMMED, P.O.KAVAI, PAYYANNUR. BY ADV. SRI.P.M.HABEEB RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.(STATION HOUSES OFFICER, PAYYANNUR POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2310 OF 2009 ------------------------------------------------------ Dated this the 10th 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 to 6 in Crime No.169 of 2009 of Payyannoor Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 448 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substance Act. 3. The prosecution case is that the accused persons came to the residence of the de facto complainant after midnight on 11.4.2009 and hurled country bombs. On hearing the noise, the de facto complainant woke up and he saw the accused leaving the place on two motor bikes. They were armed with swords. 4. Taking into account the nature of the allegations made against the accused persons and also the facts and circumstances B.A. NO. 2310 OF 2009 :: 2 :: of the case, I do not think that this is a fit case where the discretionary relief under Article 438 of the Code of Criminal Procedure should be granted in favour of the petitioners. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/