IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2573 of 2009() ----------------------------- CRIME NO.198/2009 OF MANNUTH POLICE STATION .................... PETITIONERS/ACCUSED 1 & 5 --------------------------------------------- 1. VIJEESH @ KANNU, AGED 24 YEARS, S/O.VIJAYAN, MANNATH HOUSE, P.O.KOZHUKULLY, MOORKINIKARA, THRISSUR. 2. SREERAG, AGED 23 YEARS, S/O.MADHAVAN, MANNATH HOUSE, P.O.KOZHUKULLY, MOORKINIKARA, THRISSUR. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER, MANNUTHY POLICE STATION, THRISSUR, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------------- B.A.No.2573 of 2009 ------------------------------------ Dated this the 2nd day of June, 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 5 in Crime No.198 of 2009 of Mannuthy Police Station. 2. The offences alleged against the petitioners are under Sections 143, 144, 147, 323, 324, 294(b) and 452 read with Section 149 of the Indian Penal Code. 3. The petitioners and the other accused persons filed applications for anticipatory bail before the Sessions Judge of Thrissur. Anticipatory bail was granted to the other accused while the application filed by the petitioners was dismissed. The learned Sessions Judge, on a consideration of the facts and circumstances of the case, took the view that the main allegations are made against accused Nos.1 and 5. 4. I have gone through the CD file. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations made against the petitioners, I do not think that the petitioners are entitled to get anticipatory bail. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl