IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 Bail Appl..No. 843 of 2010 CRIME NO.296 OF 2009 OF THRIKUNNAPUZHA POLICE STATION, ALLEPPEY DISTRICT PETITIONER/ACCUSED NO.3 ------------------------------------------- PREJITH, AGED 20 YEARS, S/O.PRAKASH, PRASANNA BHAVANAM, MAHADEVIKADU MURI, KARTHIKAPPALLY TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/03/2010, ALONGWITH B.A.NO.933 OF 2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 843 & 933 OF 2010 ------------------------------------------------------ Dated this the 11th day of March, 2010 O R D E R These applications are filed under Section 438 of the Code of Criminal Procedure. B.A.No.843 of 2010 is filed by the third accused, Prejith, while B.A.No.933 of 2010 is filed by the fourth accused, Unni @ Vipin. 2. The offences alleged against the accused are under Sections 341 and 308 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 5.12.2009, while the victim Subin and his friends were in the premises of a temple listening to a ganamela, the accused persons came there and took up a quarrel with Subin. The allegation against accused Nos.3 and 4 is that they unlawfully restrained Subin to facilitate the first accused to attack him with a knife. The injury caused on Subin was serious in nature. He became unconscious. He was taken to the hospital. Subin had sustained a lacerated wound in his liver. He was admitted in the hospital on 5.12.2009 and he was discharged from the hospital on B.A. NOS.843 & 933 OF 2010 :: 2 :: 15.12.2009. It is stated that the accused as well as the de facto complainant and the victim belonged to different political parties and there was political rivalry between them. 4. The offences alleged against the petitioners are grave in nature. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injury sustained by Subin, 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 the 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 Applications are dismissed. (K.T.SANKARAN) Judge ahz/