IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 3400 of 2009() ------------------------------------- CRIME NO.609/2009 OF KOTTARAKKARA POLICE STATION PETITIONER/ACCUSED-A2: ----------------------------------------- SANTHOSH, AGED 26 YEARS, S/O.BALACHANDRAN PILLAI, KAROTTUMANGALATHU VEEDU, PADIYARAM, CHEPRA MURI, VELIYAM VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR 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 03/07/2009, ALONG WITH BA NO. 2939 OF 2009 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. Nos. 2939 & 3400 of 2009 ------------------------------------------- Dated this the 3rd day of July, 2009 O R D E R These are applications for anticipatory bail under Section 438 of the Code of Criminal Procedure. Bail Application No.2939/2009 is filed by the first accused, while the Bail Application No.3400/2009 is filed by the second accused in Crime No.609/2009 of Kottarakkara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 324 and 308 read with Section 149 of the Indian Penal Code. 3. I have gone through the case diary. Several persons were injured due to the commission of the alleged offence. In the case of two of them, there are incised wounds. The allegation is that the accused persons used sword sticks, Iron pipes and wooden sticks for committing the offence. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the defacto complainant and others, I do B.A. Nos. 2939 & 3400 /2009 Page numbers not think that this is a fit case where the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure. These Bail Applications are accordingly dismissed. K.T. SANKARAN, JUDGE scm