IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 Bail Appl..No. 973 of 2010 CRIME NO.47 OF 2010 OF KUNNIKODE POLICE STATION, KOLLAM DISTRICT PETITIONERS/1ST TO 4TH ACCUSED: --------------------------------------------------- 1. UDAYAN @ AJITH, AGED 23 YEARS, S/O.GOPALAKRISHNAN ACHARY, CHARUVILA VEEDU, KARIYARA, VILAKKUDY VILLAGE, PATHANAPURAM TALUK. 2. UMESH @ AJEESH, AGED 23 YEARS, S/O.GOPALAKRISHNAN ACHARY, CHARUVIALA VEEDU, KARIYARA, VILAKKUDY VILLAGE, PATHANAPURAM TALUK. 3. KANNAN @ ANEESH, AGED 20 YEARS, S/O.GOPALAKRISHNAN ACHARY, CHARUVILA VEEDU, KARIYARA, VILAKKUDY VILLAGE, PATHANAPURAM TALUK. 4. RENJITH, AGED 24 YEARS, S/O.SURESH, RENJITH BHAVAN, KARIYARA, VILAKKUDY VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.BIMAL K.NATH SRI.S.JAMAL SRI.E.M.SUNIL KUMAR SRI.SREEVALSAN.V RESPONDENT: --------------- STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 09/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 973 OF 2010 ------------------------------------------------------ Dated this the 9th day of March, 2010 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 to 4 in Crime No.47 of 2010 of Kunnikode Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 447, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 17.1.2010 at 8.30 PM, the accused persons attacked the de facto complainant with firewood. The incident occurred in the court yard of the house of the de facto complainant. As a result of the attack made by the accused, the de facto complainant sustained compound fracture of right lower tibia. Apart from that, three of his teeth were loosened as a result of the attack. The de facto complainant was admitted in the hospital. B.A. NO. 973 OF 2010 :: 2 :: 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 am not inclined to grant anticipatory bail to the petitioners. If anticipatory bail is granted to the petitioners, it would adversely affect the proper investigation of the case. The petitioners are not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/