IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6278 of 2009() ------------------------------------- CRMP.3012/2009 of DISTRICT COURT, PALAKKAD CRIME NO. 444/2009 OF ALATHUR POLICE STATION, PALAKKAD DISTRICT .................... PETITIONER/ACCUSED: ----------------------------------- 1. SIVANARAYANAN, S/O.RAGHAVAN, AGED 41 YEARS, VATTAKALLINGAL HOUSE, TARUR, PALAKKAD. 2. SASEENDRAN, S/O.VIJAYAN NAIR, AGED 33 YEARS, KOTTINGAL MANIYATH HOUSE, TARUR, PALAKKAD. BY ADV. SRI. MILLU DANDAPANI RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, ALATHUR, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S. BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6278 of 2009 ------------------------------------ Dated this the 19th day of November, 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.1 and 2 in Crime No.444/2009 of Alathur Police Station. 2. The offence alleged against the petitioners are under Sections 323, 324, 326 and 506(ii) of the Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned Public Prosecutor. I have also perused the Case Diary. 4. In the facts and circumstances of the case, the nature of the offence and the allegation levelled against the petitioner, I am of the view that this is not a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted in favour of the petitioners. If Anticipatory Bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. Accordingly, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln