IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 3073 of 2009 CRIME NO.158 OF 2009 OF KUTHIATHODU POLICE STATION PETITIONER: ACCUSED: -------------------- ANILKUMAR.S.V., S/O. VIJAYANANDAN NAIR, AGED 34 YEARS, KANDATHILCHIRA, EZHUPUNNA SOUTH P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT: COMPLIANANT: --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, (CRIME NO. 158 OF 2009 OF KUTHIATHODU POLICE STATION.) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, ALONG WITH BA NO.3696 OF 2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NOS.3073 & 3696 OF 2009 ------------------------------------------------------ Dated this the 20th August, 2009 O R D E R These Bail Applications are filed respectively by accused Nos.1 and 5 in Crime No.158 of 2009 of Kuthiathodu Police Station. 2. The offences alleged against the accused persons are under Sections 120B, 324, 326 and 308 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary and also the discharge summary in so far as it relates to Gopikrishnan, the injured. The wound certificate as well as the discharge certificate would show that the injured has sustained grievous injuries. 4. Learned counsel appearing for the petitioner in B.A.No.3073 of 2009 submitted that the first accused is a panchayat member and he is the sole member belonging to Bharateeya Janatha Party. According to the counsel, the case is foisted against the first accused due to political reasons. In the First Information B.A. NOS.3073 & 3696 OF 2009 :: 2 :: Report, name of the first accused or the name of the fifth accused are not mentioned. The allegation was against two persons. Only at a later stage, accused Nos.1 and 5 were implicated in the case due to extraneous reasons. 5. It is not necessary to consider this contention while disposing of these Bail Applications. The matter requires investigation. Prima facie, it cannot be said that the case is foisted against the petitioners. On a consideration of the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. These Bail Applications are accordingly dismissed. (K.T.SANKARAN) Judge ahz/