IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 Bail Appl..No. 780 of 2010() ---------------------------- CRIME NO.118 OF 2010 OF HOSDURG POLICE STATION PETITIONERS/ACCUSED NOS.1, 2 & 4 TO 7 --------------------------------------------------------- 1. NISHANTH, S/O.NARAYANAN, AGED 27 YEARS, KUNHUVALAPPU, NILANKARA, KANHANGAD VILLAGE, HOSDURG TALUK, (A1) KASARAGOD DISTRICT. 2. ANEESH, S/O.KARATHUTTAN, AGED 26 YEARS, KUNNATHU KULANGARA, (A2) NILANKARA, HOSDURG TALUK, KASARAGOD DISTRICT. 3. ABHILASH, S/O.KARUNAKARAN, AGED 23 YEARS, THAIVALAPPU, KANHANGAD VILLAGE, HOSDURG TALUK, (A4) KASARAGOD DISTRICT. 4. JIJU, S/O.MANOHARAN, AGED 21 YEARS, KUNNATHU KULANGARA, NILANKARA, KANHANGAD VILLAGE, HOSDURG TALUK, (A5) KASARAGOD DISTRICT. 5. LANISH, S/O.SHANKARAN, AGED 25 YEARS, KAVVAYIMADAM, NILANKARA, KANHANGAD VILLAGE, HOSDURG TALUK, (A6) KASARAGOD DISTRICT. 6. RATHEESH, S/O.BALAN, AGED 27 YEARS, NILANKARA, KUNNUMMAL, KANHANGAD VILLAGE, (A7) HOSDURG TALUK, KASARAGOD DISTRICT BY ADV. SRI.K.P.HARISH RESPONDENT(S): COMPLAINANT & STATE ---------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CRIME NO.118 OF 2010 OF HOSDURG POLICE STATION) KASARAGOD DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.780 of 2010 --------------------------------------------- Dated this the 22nd day of February, 2010 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are accused Nos.1, 2 and 4 to 7 in Crime No.118 of 2010 of Hosdurg Police Station. 2. The offences alleged against the petitioners are under Sections 143, 147, 148, 452, 324, 427, 506, 308 and 326 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: On 28.1.2010, at about 11.45 P.M., the accused persons, seven in number, formed themselves into an unlawful assembly and criminally trespassed into the house of the de facto complainant, assaulted him and his friends. The accused persons also attacked the mother and sister of the de facto complainant and destroyed the articles in the house. Brijesh, a friend of the de facto complainant, was admitted in Unity Hospital, Mangalore for the period from 29.1.2010 to 8.2.2010. He had sustained grievous injuries. BA No.780/2010 2 4. The third accused was arrested on 30.1.2010 and he was remanded to judicial custody. He was granted bail as per the order dated 22nd February, 2010 in Bail Application No.928 of 2010. The petitioners apprehend arrest and therefore, they have filed this application for anticipatory bail. 5. Taking into account the facts and circumstance of the case, the nature and gravity of the offence and the allegations levelled against the petitioners, I do not think that the petitioners are entitled to 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 proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl