IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 Bail Appl..No. 263 of 2011() ---------------------------------------- (CRIME NO.1287/2010 OF NARAKKAL POLICE STATION, ERNAKULAM DISTRICT) ..................... PETITIONER (S): ACCUSED: ------------------------------------------ 1. JIBIN, AGED 34 YEARS, S/O. KALADHARAN, AZHEEKKAL KADAVU VEETTIL, AZHEEKKAL KARA, PUTHUVYPE VILLAGE, ERNAKULAM DISTRICT. 2. GIRIJA, W/O. KALADHARAN, AZHEEKKAL KADAVU VEETTIL, AZHEEKKAL KARA, PUTHUVYPE VILLAGE, ERNAKULAM DISTRICT. BY ADVS. SRI.C.RAJENDRAN, SRI.C.B.SREEKUMAR. RESPONDENT(S): ---------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 1287 OF 2010 OF NARAKKAL POLICE STATION) BY PUBLIC PROSECUTOR SRI. C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== B.A. No. 263 OF 2011 =========================== Dated this the 20th day of January,2012 ORDER Petitioners are the accused in Crime No.1059/2011 of East Kallada Police Station registered for the offences under sections 323, 324, 294(b) and 308 read with section 34 of the Indian Penal Code. Apprehending arrest petition is filed under section 438 of the Code of Criminal Procedure. The application shows that petitioners have not so far moved any petition in this crime before any court. 2. Learned Public Prosecutor pointed out that Crl.M.P.3360/2011 was filed before the Sessions Court, Kollam under section 438 of the Code of Criminal Procedure and made available the order dated 5.1.2012 dismissing the petition. Learned Public Prosecutor also made BA No.263/2011 2 available the CD. When the petitioners have suppressed the factum of filing of the similar application before the learned Sessions Judge which was dismissed petitioners are not entitled to the discretionary relief. Added to this, when custodial interrogation of the petitioners is necessary for a proper investigation and considering the possibility of the petitioners interfering with the investigation, they are not entitled to the anticipatory bail sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006