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. 1681 of 2009() ----------------------------- CRIME NO.108/2009 OF KUNNIKODE POLICE STATION PETITIONERS/ACCUSED NO.1 & 2 ------------------------------------------------ 1. RIHAZ MANAF@ RANNITH,S/O.ABDUL VAHAB, AGED 24,REEJA MANZIL,KUNNIKODE.PO, VILAKKUDI VILLAGE,PATHANAPURAM TALUK. 2. CHIKKU @SAMEER,S/O.ABDUL AZEEZ,AGED 18, SAJEER MANZIL, PALLIMUKKU,KUNNIKODE.PO, VILAKKUDI VILLAGE,PATHANAPURAM TALUK. 3. SAJEER,S/O.ABDUL AZEEZ,AGED 21, SAJEER MANZIL, PALLIMUKKU, KUNNUKODE.PO, VILAKKUDI VILLAGE,PATHANAPURAM TALUK. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,KUNNIKODE POLICE STATION,KUNNIKODE. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.1681 of 2009 ---------------------------------- Dated this the 28th day of May, 2009 ORDER 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.108 of 2009 of Kunnikode Police Station. 2. The offence alleged against the petitioners are under sections 294(b), 324 and 326 read with Section 34 of the Indian Penal Code. 3. The incident occurred on 7.3.2009. The defacto complainant sustained fracture of his nasal bone. It is submitted by the learned public prosecutor that after the date of the incident, the petitioners were making themselves scarce. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I do not think that the petitioners are entitled to invoke Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE csl