IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Bail Appl..No. 5515 of 2011() ----------------------------- (CRIME NO.508 OF 2011 OF KOYILANDY POLICE, KOZHIKODE) PETITIONERS ------------------------------- 1. ANURAJ,AGED 24 YEARS,S/O.ASOKAN, THANDAPURAM HOUSE,MOOLAD PO,NADUVANNUR, KOZHIKODE DISTRICT. 2. BABITHLAL,AGED 24 YEARS, S/O.BALAN,KOLARAKKANDY MEETHAL(HOUSE), CHELIYA PO, KOYILANDY,KOZHIKODE DISTRICT. 3. SUMESH,AGED 24 YEARS, S/O.SASI,KUTTENCHERY HOUSE, CHELIYA ,KOYILANDY,KOZHIKODE DISTRICT. 4. NASEER,AGED 36 YEARS, S/O.SAINUDEEN,PERUVATTAKKUZHI HOUSE, VENGALAM PO, KOZHIKODE DISTRICT. BY ADV. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT(S): --------------- STATE OF KERALA,REP.BY LEARNED PUBLIC PROSECUTOR,HIGH COURT OF KERALA,REP.THE S.I. OF POLICE,KOYILANDY POLICE STATION, KOZHIKODE. BY PP MR.V. TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.5515 OF 2011 --------------------------------- Dated this the 9th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos.1, 2, 4 and 3 in Crime No.508 of 2011 of the Koyilandy Police Station, Kozhikode District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323 and 326 read with 149 of the Indian Penal Code. 3. The prosecution case is that on 16.6.2011 at 4.10 P.M, the accused attacked the Ticket Checker of a private bus and he sustained fracture of his right thumb. 4. The case was posted on several dates on the submission made by the learned counsel for the petitioners that settlement talks are going on. The learned counsel B.A.No.5515 OF 2011 2 submitted that at present, he has no instruction in the matter. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injury sustained by the defacto complainant, I am not inclined to grant anticipatory bail to the petitioners. The matter requires investigation. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reason, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms