IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 Bail Appl..No. 5041 of 2009() ----------------------------- CRIME NO.162/2007 OF RAMANKARY POLICE STATION PETITIONERS : ACCUSED NOS.1 & 4 -------------------------------------------------- 1. RAJESH, S/O.RAJENDRAN PATHILCHIRA VEEDU, WARD NO. VIII VADAKKAN VELIYANAD MURI, KAVALOM PANCHAYATH. 2. RAJEEV, S/O.RAJENDRAN PATHILCHIRA VEEDU, WARD NO. VIII VADAKKAN VELIYANAD MURI, KAVALOM PANCHAYATH. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE & COMPLAINANT --------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. THE S.I. OF POLICE STATION RAMANKARY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5041 of 2009 --------------------------------------------- Dated this the 13th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 4 in Crime No.162 of 2007 of Ramankary Police Station. 2. The offences alleged against the petitioners are under Sections 308, 323, 326 and 427 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the wound certificate which discloses two fractures sustained by the defacto complainant. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injuries sustained and other circumstances, I am of the view that this is not a case where the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl