IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5482 of 2009 CRIME NO.248 OF 2009 OF WADAKKANCHERY POLICE STATION PETITIONERS: ACCUSED NO.6 TO 9: -------------------------------------- 1. VINEESH, AGED 21 YEARS, S/O.SANKARAN, VATTAPARAMBIL HOUSE, KODUMBU DESOM, KANJIRAMKODE. 2. MANOJ, AGED 25 YEARS, S/O.KRISHNAN, AVISSERY HOUSE, KODUMBU DESOM, KANJIRANKODE. 3. ANANDAN, AGED 29 YEARS, S/O.KUNJUNNI, KOLLAVARATHU HOUSE, KODUMBU DESOM, KANJIRANKODE. 4. VIJEESH, AGED 26 YEARS, S/O.VASU, PUZHAMBALATHU HOUSE, AKKAMPADAM DESOM, WADAKKANCHERY. BY ADV. SRI.M.ANIL KUMAR SMT.PREETHI K.PURUSHOTHAMAN RESPONDENT: COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, WADAKKANCHERY POLICE STATION (CRIME NO.248/2009) REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5482 OF 2009 ------------------------------------------------------ Dated this the 12th day of October, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. Petitioners are accused Nos.9, 8, 7 and 6 in Crime No.248 of 2009 of Wadakkanchery Police Station. 2. The offences alleged against the accused persons are under Sections 143, 147, 148, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The date of occurrence was on 17.4.2009. The injured was admitted in the hospital. He was discharged from the hospital on 22.4.2009. He has sustained fracture of right Tibia and Fibula. The allegation is that the accused persons, fifteen in number, attacked the de facto complainant with deadly weapons. 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injuries sustained and the allegations levelled against the petitioners, I am of the view that the B.A. NO. 5482 OF 2009 :: 2 :: petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If the petitioners are granted anticipatory bail, it would cause adverse impact on the smooth conduct of the investigation. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/