IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 Bail Appl..No. 2718 of 2009 CRIME NO.823 OF 2009 OF NARAKKAL POLICE STATION PETITIONERS: ACCUSED NOS.1 AND 2: ---------------------------- 1. P.V.VINEL, S/O.VARGHESE T.J., AGED 25 YEARS, PALLIPARAMBIL HOUSE, PERUMPILLY, NARAKKAL, KOCHI. 2. GIREESH UNNIKRISHNAN, S/O.UNNIKRISHNAN, AGED 22 YEARS, KOMPANEZHATH HOUSE, PERUMPILLY, NARAKKAL P.O. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, NARAKKAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2718 OF 2009 B ------------------------------------------------------ Dated this the 28th May, 2009 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.823 of 2009 of the Narakkal Police Station. 2. The offence alleged against the accused are under Sections 326, 448, 323 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 10.5.2009, the accused persons inflicted injuries on one Aneesh, who was a cleaner in Manjooran Auditorium. It is stated that the victim was attacked as he refused to remove the waste as requested by the petitioners, who came there to attend a wedding reception. Aneesh sustained fracture of nasal bone. The accused persons were not arrested as they are not available. 4. Taking into account the facts and circumstances of the B.A. NO. 2718 OF 2009 B :: 2 :: case, I do not think that this is a fit case where the petitioners are entitled to the relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/