IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 Bail Appl..No. 5548 of 2009 CRIME NO.557 OF 2009 OF PUDUKKAD POLICE STATION, THRISSUR APPLICANTS/ACCUSED -------------------------------------- 1. RENJITH, AGED 21 YEARS, S/O.VIJAYAN, PUNNATHUKADAN HOUSE, KANNAMPUTHOOR, PUDUKKAD, MUKUNDAPURAM TALUK, THRISSUR. 2. ROSHAN, AGED 20 YEARS, S/O.LOHIDAS, CHANASSERY HOUSE, KANNAMPUTHOOR, PUDUKKAD, MUKUNDAPURAM TALUK, THRISSUR. 3. SUMAN, AGED 24 YEARS, S/O.KUMARAN, THANDIYEKKAPARAMBIL, KANNAMPUTHOOR, PUDUKKAD, MUKUNDAPURAM TALUK, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING THE S.I. OF POLICE PUDUKKAD POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5548 OF 2009 ------------------------------------------------------ Dated this the 5th day of October, 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 to 3 in Crime No.557 of 2009 of Pudukkad Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. 4. It is submitted by the learned counsel for the petitioners that on 2.9.2009, an incident occurred at 2 PM, in which some of the accused persons in the present case got injured. Crime No.558 of 2009 was registered against the assailants under Sections 452 and 308 of the Indian Penal Code. B.A. NO. 5548 OF 2009 :: 2 :: 5. The incident in the present case occurred at 6 PM on 2.9.2009. In the incident in the present case, one Saneesh and another sustained injuries. The First Information Statement was given by a neighbour. He stated that the incident occurred as a consequence of the incident in Crime No.558 of 2009. Saneesh sustained serious injuries. The allegation is that the injured persons were attacked with sword and other weapons. 6. Taking into account the facts and circumstances of the case, the injuries sustained and the allegations levelled against the petitioners, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. 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/