IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 2865 of 2009() ------------------------------------- CRIME NO.216/2009 OF BALARAMAPURAM POLICE STATION. PETITIONER/ACCUSED: -------------------------------------- 1. AJITH, S/O.VIJAYAN, AGED 28 YEARS, V.V.SADHAN, IDUVA, VENGANOOR, PERINGAMALA, TRIVANDRUM.(A1). 2. PRAJITH, S/O.KUNJUMON, 23 YEARS, VALIYAVILA VEEDU, PANAYARAKUNNU, VENGANOOR, PERINGAMALA, TRIVANDRUM.(A6). BY ADV. SMT.VIJAYAKUMARI RESPONDENT/ COMPLAINANT: ----------------------------------------------- STATE OF KERALA, REP.BY THE PUBLIC PROCECUTOR, HIGH COURT OF KERALA. SRI. T.K. VIPINDAS, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2865 of 2009 ------------------------------------ Dated this the 26th day of June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.1 and 6 in Crime No.216/2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 506(ii) and 452 read with Section 149 of the Indian Penal Code. 3. The incident took place in a toddy shop. The allegation is that the accused persons used weapons of offence, which caused incise wounds. The injured was taken to the Medical College Hospital. The wound certificate discloses two incise wounds. The victim has to undergo surgery. 4. Taking into account the facts and circumstances of the case, the gravity of the offence and the nature of injuries sustained, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The B.A. No.2865 /2009 Page numbers 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 scm