IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 776 of 2010 CRIME NO.964 OF 2009 OF MALA POLICE STATION, THRISSUR DISTRICT PETITIONERS : ACCUSED NOS.1 AND 2: ------------------------------- 1. SHEREEF, AGED 33, S/O.OLAKKOT KUNHUMOHAMMED, PINDAM DESOM, PUTHENCHIRA VILLAGE, THEKKUMURI POST, THRISSUR DISTRICT. 2. SHANAWAS, AGED 35, S/O.ABDU, NEDUMTHAZHATHU HOUSE, PINDAM DESOM, PUTHENCHIRA VILLAGE, THEKKUMURI POST, THRISSUR DISTRICT. BY ADV. SMT.MINI.R.MENON RESPONDENT: COMPLAINANT --------------------------------- STATE OF KERALA, REPRESENTED BY S.I. OF POLICE, MALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 776 OF 2010 ------------------------------------------------------ Dated this the 18th day of February, 2010 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 2 in Crime No.964 of 2009 of Mala Police Station, Thrissur District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 18.12.2009 when the de facto complainant (Habeeb) and his friends Jinas and Sajeevan were standing near a kadavu, they were attacked by the accused persons with cricket stump and reaper. Jinas sustained grievous hurt. There was fracture to the second and third metacarpals of his left hand. It is alleged that Habeeb had to pay a sum of Rs.3,000/- to Rasheed who is the third accused. The de facto complainant agreed to pay that amount to Rasheed, but it was not paid. On account of that, the accused persons attacked Jinas, who stood as surety for Habeeb. B.A. NO. 776 OF 2010 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained by the de facto complainant and other circumstances, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/