IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3441 of 2009 CRIME NO.354 OF 2009 OF CHAVAKKAD POLICE STATION. PETITIONERS: ACCUSED 2 & 4 --------------------------------- 1. MANAF, AGED 29 YEARS, S/O. MOITHUTY, VATTEKAD HOUSE, P.O. KADAPPURAM, CHAVAKKAD. 2. IBRAHIM, S/O. KUNJUMON, THOTAPIN RAMALAN HOUSE, P.O. KADAPURAM, CHAVAKAD. BY ADV. SRI.K.A.JALEEL RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION - CRIME NO. 354/2009 OF CHAVAKKAD POLICE STATION - REPRESENTED BY THE PUBLIC PORSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.VIPINDAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3441 OF 2009 ------------------------------------------------------ Dated this the 26th June, 2009 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.2 and 4 in Crime No.354 of 2009 of Chavakkad Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 341, 323, 324, 308 and 427 read with Section 34 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioners that accused Nos.1 and 3 were arrested on 19.6.2009 and they were released on bail on the next day. It is also stated by him that accused Nos.5, 6 and 7 were deleted from the array of accused. The counsel also stated that the incident is alleged to have occurred on 16.5.2009, the date on which the parliamentary election results were declared and that the case is foisted against the petitioners who are United Democratic Front workers. 4. I have perused the case diary. On a consideration of the facts and circumstances of the case, I do not think that this is a fit case where B.A. NO. 3441 OF 2009 :: 2 :: the discretionary relief under Section 438 of the Code of Criminal Procedure should be granted in favour of the petitioners. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/