IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 Bail Appl..No. 2067 of 2010 ----------------------------- CRIME NO.5/2010 OF NEDUMUDI POLICE STATION, ALAPPUZHA PETITIONERS/ACCUSED: --------------------------- 1. CHEKKUTTY @ SUNIL, AGED 29 YEARS, S/O.VARGHESE, KANNYAKKONITHARA HOUSE,THEKKEMURI, NEDUMUDY, KUTTANADU, ALAPPUZHA DISTRICT. 2. AMBIL @ SANISH, AGED 25 YEARS, S/O.SIVAN, KUNNUTHARA HOUSE, THEKKEMURI, NEDUMUDY, KUTTANADU, ALAPPUZHA DISTRICT. 3. SAJU ANTONY, AGED 30 YEARS, S/O.ANTONY MATHEW, KORATTIYIL HOUSE, NADUBHAGOM, CHAMPAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. 4. VISHNU @ AASAN, AGED 23 YEARS, S/O.APPUKUTTAN, MOONNUTHAIKKAL HOUSE,THEKKEMURI, CHAMBAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. 5. SHABU, AGED 35 YEARS, S/O.SOMAN, MULLAKKAL HOUSE, NEDUBHAGOM, CHAMBAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. 6. MONAPPI @ BIJU ANTONY, AGED 35 YEARS, S/O.ANTONY MATHEW, KORATTIYIL HOUSE, NADUBHAGOM, CHAMBAKULAM, KUTTANADU, ALAPPUZHA DISTRICT. BY ADV. SRI.T.P.SANTHOSH KUMAR SRI.M.V.LALU MATHEWS RESPONDENTS/COMPLAINANTS: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. BA NO.2067 OF 2010 2. S.I.OF POLICE, NEDUMUDI POLICE STATION, ALAPPUZHA DISTRICT. BY PUBLIC PROSECUTOR, SRI. K.J. MOHAMMED ANSAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.K. MOHANAN, J. ---------------------------------------- Bail Application No. 2067 of 2010 ----------------------------------------- Dated this the 16th day of April, 2010 O R D E R This is an application filed under Section 438 of Cr.P.C. seeking anticipatory bail. 2. The petitioners apprehend arrest connected with Crime No. 5/2010 of Nedumudi Police Station, Alappuzha in which offences punishable under Sections 143, 144, 147, 148, 149, 323, 324, 326 of I.P.C. are involved. 3. The allegation against the petitioners is that on 05.01.2010 at about 9 p.m. the petitioners formed an unlawful assembly armed with deadly weapons like iron rods and inflicted injuries on defacto complainant, his wife and brothers. 4. I have heard learned counsel for the petitioners and the learned Public Prosecutor. 5. Having regard to the facts and circumstances involved in the case, especially the gravity of the offences involved and the allegations, I am not inclined to grant B.A.No. 2067 of 2010 -:2:- anticipatory bail to the petitioners as the same will adversely affect the investigation in the above crime which is now in progress. The grievous nature of the injuries sustained by the victim and the weapons used to inflict such injuries are also relevant facts which persuade this Court to decline the relief of anticipatory bail in favour of the petitioners. In the result, I find no reason to grant anticipatory bail to the petitioners by exercising the extra ordinary jurisdiction of this Court under Section 438 of Cr.P.C. Therefore, there is no merit in this petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE ttb