IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 Bail Appl..No. 6218 of 2009() ----------------------------- CRIME NO.769/2009 OF CHENGANNUR POLICE STATION PETITIONERS: ACCUSED NOS.1 &2 ----------------------------------------------- 1. PRODOSH, AGED 32 YEARS, S/O.RAJAN, PROMOD BHAVAN, PULIYIRIKATHIL VEETTIL, THALAYAN MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK. 2. PROMOD, AGED 30 YEARS, S/O.RAJAN, PROMOD BHAVAN, PULIYIRIKATHIL VEETTIL, THALAYAN MURI, KUTTOOR VILLAGE, THIRUVALLA TALUK. BY ADV. SRI.P.HARIDAS RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, CHENGANNUR POLICE STATION. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6218 of 2009 --------------------------------------------- Dated this the 29th day of October, 2009 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.769 of 2009 of Chengannur Police Station. 2. The offences alleged against the petitioners are under Sections 324 and 308 read with Section 34 of the Indian Penal Code. 3. The injuries noted by the Medical Officer after examining the de facto complainant are the following: “Near total amputation left ring finger. Near total amputation of right thump.” 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the de facto complainant, I do not think that the petitioners are entitled to get 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 smooth and proper investigation of the case. The Bail Application is dismissed. K.T.SANKARAN, JUDGE csl