IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Bail Appl..No. 5830 of 2011() ----------------------------- CRIME No.1211 OF 2011 OF THRIKKAKARA POLICE STATION ------------------------- PETITIONER/ACCUSED.NO.1 & 2 :- ------------------------------------------------- 1. SHAMEER K.I, AGED 27 YEARS, S/O.ISMAIL, KADAVIL HOUSE, NEAR ARRAKAKADAVU BRIDGE, EROOR P.O., THRIPUNITHURA, ERNAKULAM. 2. RAJESH P.R., AGED 32 YEARS, S/O.RADHAKRISHNAN, PATHIYAPARAMBIL HOUSE, THAZVARAM, KURIYIKKAD P.O., ERNAKULAM. BY ADV. SRI.PRADEESH CHACKO RESPONDENT(S)/COMPLAINANT :- ------------------------------------------------- 1. SUB INSPECTOR OF POLICE, THRIKKAKARA POLICE STATION, ERNAKULAM. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A. No.5830 OF 2011 --------------------------------- Dated this the 28th day of July, 2011 ORDER 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.1211 of 2011 of the Thrikkakara Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 323, 324, 341, 506(i) read with 149 of the Indian Penal Code and Section 27 of the Arms Act. 3. The prosecution case is that on 10.7.2011 at about 6 P.M, the accused persons, about ten in number, illegally trespassed into the house of the defacto complainant and attacked him and his wife and threatened them to death. It is alleged that some of the accused attacked them with iron rods. The specific allegation against the first accused is that B.A. No.5830 OF 2011 2 he used a sword stick for commission of the offence and he threatened the defacto complainant and his wife to death. 4. The learned Public Prosecutor submitted that the first accused is popularly known as 'mortuary Shameer' and the second accused is known as 'puttu Rajesh'. It is submitted that they are involved in several crimes and their names are included in the history sheet kept in the police station. It is submitted that if anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case and it would create a menace to the society. 5. There is no dispute that the petitioners are involved in several cases. Anticipatory Bail is a discretionary relief. Persons like the petitioners are not entitled to the discretionary relief of anticipatory bail. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. It is also likely that the petitioners would intimidate the prosecution witnesses and cause further harassment to the defacto complainant and his wife. B.A. No.5830 OF 2011 3 For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms