IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 2337 of 2009() ---------------------------------------- CRIME NO.195/2009 OF ALAPPUZHA NORTH POLICE STATION. PETITIONERS/ACCUSED: --------------------------------------- 1. VIJAYARAJ @ PODIYAN,AGED 25 YEARS, S/O.MOHANAN,THOTTUCHIRA,MANNANCHERRY.PO, ALAPPUZHA. 2. ANIKUTTON,AGED 40 YEARS,S/O.PADMANABHAN, A.N.COLONY,MANNANCHERRY.PO,ALAPPUZHA. 3. SURESH,AGED 29 YEARS,S/O.PURUSHAN, A.N.COLONY,MANANCHERRY.PO,ALAPPUZHA. 4. AJAYAKUMAR,AGED 30 YEARS,S/O.PADMANABHAN A.N.COLONY,MANNANCHERRY.PO,ALAPPUZHA. 5. RAJESH, AGED 25 YEARS,S/O.RAJAMMA, APPPURUVELI, MANNANCHERRY.PO,ALAPPUZHA. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT/COMPLAINANT : ---------------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2337 of 2009 ------------------------------------ Dated this the 8th day of July, 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.1 to 5 in Crime No.195/2009 of Alappuzha North Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. I have perused the case diary and the wound certificate. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the defacto complainant and her son, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. 5. The learned counsel for the petitioners submitted that in respect of two other accused, who are ladies, anticipatory bail was granted by this Court in B.A. No.2569/2009. That B.A. No.2337/2009 Page numbers anticipatory bail was granted to the other accused, who are women, is not a ground for granting anticipatory bail to the petitioners herein. 6. For the aforesaid reasons, I am not inclined to grant anticipatory bail to the petitioners. The petitioners are not entitled to discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm