IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 Bail Appl..No. 7091 of 2009() ---------------------------------------- CRIME NO.128/2009 OF MARAYOOR POLICE STATION, IDUKKI DISTRICT. ................. PETITIONERS/ACCUSED ------------------------------------- 1. KUMAR, S/O.MANI, AGED 32 YEARS , (A6) NJAVAL DIVISION, VAGUVARI ESTATE, MARAYOOR, DEVIKULAM TALUK. 2. KASI, S/O.SUNDERRAJ, AGED 33 YEARS, (A7), NJAVAL DIVISION, VAGUVARI ESTATE, MARAYOOR, DEVIKULAM TALUK. BY ADV. MR.JOY C. PAUL, MR.BOBBY GEORGE. RESPONDENT/STATE -------------------------------- SUB INSPECTOR OF POLICE, MARAYOOR POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR MR.V. TEKCHAND. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. K.T. SANKARAN, J. --------------------------- B.A. No. 7091 of 2009 ------------------------------------ Dated this the 18th day of February, 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.6 and 7 in Crime No.128/2009 of Marayoor Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 294(b), 307, 447, 427 and 326 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 13.08.2009 at 7.30 P.M., the accused persons criminally trespassed into the residential house of the de facto complainant and attacked him with dangerous weapons like choppers and iron rods. As a result of the assault made by the accused persons, 8 persons sustained injuries and two persons sustained fractures. The de facto complainant is a supervisor in Kannan Devan Company. It is alleged that he was attacked by the accused as they entertained a wrong belief that two persons did not get job in B.A. No. 7091 of 2009 2 the Kannan Devan Company on account of the acts of the de facto complainant. 4. The learned counsel for the petitioners submitted that in respect of the incident which took place on 13.08.2009, Crime No. 129/2009 was registered in which the first accused is the de facto complainant. The offences involved in Crime No. 129/2009 are under Sections 143, 147, 148, 308 and 324 read with Section 149 of the Indian Penal Code. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offences and the allegations levelled against the petitioners, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln