IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 Bail Appl..No. 8239 of 2011() ----------------------------- CRIME NO.949/2011 OF KILIKOLLOOR POLICE STATION KOLLAM DISTRICT PETITIONER :ACCUSED : ----------------------- SIJU RAJ, AGED 30 YEARS, S/O.RAJAN, SIJU BHAVAN,NANTHIRICKAL, VELLIMON, KUNDARA,KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT: --------------- STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, KILIKOLLOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2011, ALONG WITH BA NO. 8240 OF 2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------------- Bail Appln.Nos.8239 & 8240 of 2011 ----------------------------------------------------- Dated this the 11th day of November, 2011 ORDER These Bail Applications are filed by the accused in Crime No.949 of 2011 of Kilikolloor Police Station under Section 438 of the Code of Criminal Procedure. Bail Application No.8239 of 2011 is filed by accused No.1, while Bail Application No.8240 of 2011 is filed by accused No.2. 2. The offences alleged against the accused are under Sections 294(b), 324, 307 & 120-B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is the following:- On 07/09/2011 at about 12.30 P.M., a quarrel took place between the students of T.K.M. Engineering College and accused Nos.4 and 5, the driver and conductor of a private bus with respect to the students’ concession. On the same date at about 10 P.M. the accused persons attacked the students with dangerous weapons like sword and injuries were inflicted on the students. They were admitted in the hospital. They sustained serious injuries. Bail Appln.Nos.8239 & 8240/2011 : 2 : 4. The allegations levelled against the petitioners are grave in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application are dismissed. K.T.SANKARAN, JUDGE skj True copy P.A. to Judge