IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5270 of 2009() ----------------------------------------- CRIME NO.485/2009 OF VIYYUR POLICE STATION, THRISSUR PETITIONERS/ACCUSED: -------------------------------------- 1. PRADEEP, AGED 29 YEARS, S/O.VASU KIZHAKKETHIL HOUSE, KUTTIYAL DESOM VILVATTOM VILLAGE,THRISSUR DISTRICT THRISSUR DISTRICT 2. PRASAD, AGED 30 YEARS, S/O.VASU KIZHAKKETHIL HOUSE, KUTTIYAL DESOM VILVATTOM VILLAGE,THRISSUR DISTRICT THRISSUR DISTRICT 3. RAJEEV, AGED 22 YEARS, S/O.BHASKARAN KARIYAMPARAMBIL HOUSE, KUTTIYAL DESOM VILVATTOM VILLAGE,THRISSUR DISTRICT THRISSUR DISTRICT . BY ADV. SRI.A.C.DEVY RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5270 of 2009 ------------------------------------ Dated this the 17th day of September, 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 to 3 in Crime No.485/2009 of Viyyur Police Station. 2. The offences alleged against the petitioners are under Sections 323, 341and 326 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have perused the Case Diary and wound certificate. The defacto complainant has sustained serious injuries. 4. In the facts and circumstances of the case, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. This is not a fit case where anticipatory bail can be granted to the petitioners. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm