IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Bail Appl..No. 2628 of 2009 CRIME NO.234 OF 2009 OF PUTHENVELIKKARA POLICE STATION PETITIONERS: ACCUSED: 1. MANI, AGED 56 YEARS, CHOTHI, VAZHATHARA, NAYARAMBALAM, KOCHI. 2. JOHNSON, AGED 41 YEARS, S/O.VARGHESE, KODIYANTHARA, KADEAKKARA, EZHIKKARA, N.PARAVUR. 3. SHAJI, AGED 42 YEARS, S/O.IKKANDAN, THUDIYIL HOUSE, CHERAI, PARAVOOR. BY ADV. SRI.S.RAJEEV RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.234 OF 2009 OF PUTHENVELIKKARA POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2628 OF 2009 ------------------------------------------------------ Dated this the 9th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. It is alleged that the petitioners apprehend arrest in Crime No.234 of 2009 of Puthenvelikkara Police Station under Sections 332, 308 and 427 read with Section 34 of the Indian Penal Code. 2. I have perused the case diary. In the First Information Statement given by a Police Constable, it is stated that, as directed by the Sub Inspector of Police, he along with another Police Constable went to the 'kadavu'. At that time, they found that sand was being transported in a country boat by four persons. The Police Constables followed the culprits in a country boat and asked those persons to stop the boat. It is alleged that the Police Constables were attacked by those four persons. The de facto complainant and the other Police Constable sustained injuries and they escaped on account of fear of death. B.A. NO. 2628 OF 2009 :: 2 :: 3. In the nature of the allegations made against the accused persons, I do not think that they are entitled to get anticipatory bail. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/