IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 4284 of 2009 CRIME NO.112 OF 2009 OF IRIKKUR POLICE STATION, KANNUR PETITIONER/ACCUSED: --------------------------------------- T.C.MUSTHAFA, S/O.MEMI, AGED 45 YEARS, THEKKUMPATH HOUSE, IRIKKUR, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O., IRIKKUR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4284 OF 2009 ------------------------------------------------------ Dated this the 3rd day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the fifth accused in Crime No.112 of 2009 of Irikkur Police Station. 2. The offences alleged against the accused persons are under Sections 341, 323 and 307 read with Section 34 of the Indian Penal Code. 3. Accused Nos.1 and 2 are the children of accused No.5. Accused Nos.3 and 4 are the friends of accused Nos.1 and 2. The prosecution case is that on 12.6.2009, the accused persons attacked the de facto complainant with deadly weapons and caused fifteen incised and cut injuries. On the admission of the de facto complainant in the hospital, he was subjected to an emergent surgery. B.A. NO. 4284 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the de facto complainant, I do not think that the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/