IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 Bail Appl..No. 2263 of 2009() ----------------------------------------- CRIME NO.122/2009 OF NILESWARAM POLIC STATION PETITIONERS/ ACCUSED: ------------------------------------ 1. C.K. JAYACHANDRAN, AGED 22 YEARS, S/O. KUNHIRAMAN, RESIDING AT CHEKIAYAT VEEDU, KUMBALA PALLI, CHITTA.P.O, PERIYANGANAM. 2. P.P. IBRAHIM @ UMBAI, AGED 27 YEARS, S/O. PUTHIYA PATTILATH KUNHABDULLA, P.O. PERIYANGANAM. 3. P. MOHANAN, AGED 34 YEARS, S/O. KUNHIRAMAN, RESIDING AT THEKKEDATH VEEDU, THALIANKALLU.P.O, PERIYANGANAM. 4. P.V. SANEESH, AGED 26 YEARS S/O. DAMODRAN, KURUNJERY P.O. PERIYANGANAM. 5. M. HARI, AGED 34 YEARS, S/O. LATE KRISHNAN, RESIDING AT MUNTHIKODE HOUSE, KOLAMKULAM, P.O. KINANOOR. BY ADV. SRI.M.V.AMARESAN RESPONDENT/ COMPLAINANT: ---------------------------------------------- STATE, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEK CHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2263 of 2009 ------------------------------------ Dated this the 2nd day of June, 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 to 5 in Crime No.122/2009 of Nileswaram Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 323, 324, 307, 506(ii) read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 16/04/2009 at about 6 p.m when the defacto complainant was coming back from temple, a group of people numbering about 20 came there in two vehicles and the first accused beat the defacto complainant with an iron rod. The 3rd accused beat him with a bamboo stick and others by hands. The defacto complainant sustained injuries and he was admitted in hospital. 4. Taking into account the facts and circumstances of the B.A. No. 2263/2009 2 case, the nature of the offence, the injury sustained and other circumstances, I am not inclined to grant anticipatory bail to the petitioners. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm