IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 Bail Appl..No. 2936 of 2009(F) --------------------------------------- CRIME NO.52/2009 OF KANNUR CITY POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ P.P.SAJID,S/O.SALAM, AGED 23 YEARS,PUTHIYAPURAYIL, ADIKADALAYI,KANNUR. BY ADV. SRI.CIBI THOMAS RESPONDENTS/COMPLAINANT/STATE: --------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KANNUR CITY POLICE STATION. 2. STATE,REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI .M.S BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2936 of 2009 ------------------------------------ Dated this the 10th day of June, 2009 O R D E R This is an application for anticipatory bail under section 438 of the code of criminal procedure. The petitioner is the 3rd accused in Crime No.52/2009 of Kannur City Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324, 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that when the defacto complainant went to see his friend who was admitted in a hospital after having sustained stab injuries, the accused persons attacked the defacto complainant and caused very severe injuries. The allegations levelled against the petitioner and others are grave in nature. The investigation reveals that there is a communal tension in the area and that groups belonging to two different communities are bent upon attacking each other. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and B.A. No.2936 /2009 2 other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm