IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Bail Appl..No. 5486 of 2011 CRIME NO.699 OF 2011 OF HOSDURG POLICE STATION, KASARAGOD. PETITIONER/ACCUSED NOS.1 & 2. ----------------------------------------------- 1. SAMEER P.V., AGED 28 YEARS, S/O.KUNHABDULLA, RESIDING AT KUSHAL NAGAR, P.O.KANHANGAD,KANHANGAD VILLAGE, KASARAGOD DISTRICT. 2. RASHEED P., AGED 29 YEARS, S/O.LATE MUHAMMED, AMEERA MANZIL, ETTAMMAL, KULAVAYAL P.O., KANHANGAD VILLAGE,KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENTS: STATE & COMPLAINANT. --------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. THE STATION HOUSE OFFICER,(CRIME NO.699/2011 OF HOSDURG POLICE STATION), KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5486 OF 2011 ------------------------------------------------------ Dated this the 12th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1 and 2 in Crime No.699 of 2011 of Hosdurg Police Station, Kasaragod District. 2. The offences alleged against the petitioners are under Sections 341, 324 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that while the de facto complainant was in a barber shop on 20.6.2011 at 3 P.M., the accused persons came in an autorickshaw and forcibly entered into the barber shop and attacked the de facto complainant. It is alleged that the first accused attacked the de facto complainant with a sword and he sustained cut injuries. Two other persons in the barber shop also sustained injuries. 4. The offences alleged against the petitioners are grave in nature. If anticipatory bail is granted to the petitioners, it would adversely BAIL APPL. NO.5486 OF 2011 :: 2 :: affect the proper investigation of the case. No grounds are made out for granting anticipatory bail. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/