IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1865 of 2010 CRIME NO.126 OF 2010 OF WADAKKANCHERY POLICE STATION, THRISSUR DISTRICT APPLICANTS/ACCUSED NOS.7 & 8: -------------------------------------- 1. JOJU, AGED 25 YEARS, S/O.JACOB, CHIRIANKANDATH HOUSE, MINALOOR VILLAGE, THRISSUR. 2. PRADEEP, AGED 25 YEARS, S/O.NARAYANAN, PULLOTY PARAMBIL HOUSE, MINALOOR VILLAGE, THRISSUR. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, WADAKKANCHERRY POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1865 OF 2010 ------------------------------------------------------ Dated this the 8th day of April, 2010 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.7 and 8 in Crime No.126 of 2010 of Wadakkanchery Police Station, Thrissur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 324, 326, 506(ii) and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 13.2.2010, the accused persons attacked the de facto complainant and his two friends with iron rods. All the three sustained injuries. Rajeesh, one of the friends of the de facto complainant, sustained fracture of right patella and fracture of right ulna. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained B.A. NO. 1865 OF 2010 :: 2 :: by the de facto complainant and his friends, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. I am of the view that the petitioners are not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/