IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 Bail Appl..No. 3209 of 2009() ----------------------------- CRIME NO.82/2009 OF VELLARIKUNDU POLICE STATION PETITIONERS/ACCUSED NOS.1 TO 5 -------------------------------------------------- 1. PATHIKARA RAJAN,AGED 38 YEARS, S/O.JOSEPH,PANNITHADAM,VELLARIKUNDU P.O. 2. ARANGATHKUZHI JOSHI,AGED 30 YEARS, S/O.DEVASSIYA,KANAKAPALLY P.O. 3. POOVATHUMOOTIL BABY @ SEBASTIAN, AGED 35 YEARS,S/O.DEVASSIYA,KANAKAPALLY P.O. 4. POOVATHUMOOTIL SHAJI,AGED 35 YEARS, S/O.JOSEPH,KANAKAPALLY P.O. 5. POOVATHUMOOTIL JAYAPALAN,AGED 25 YEARS, S/O.JOSEPH,KANAKAPALLY P.O. BY ADV. SRI.JAWAHAR JOSE RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3209 of 2009 ------------------------------- Dated this the 18th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioners are the accused nos.1 to 5 in Crime No.82 of 2009 of Vellarikundu Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 452, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. It is submitted by the learned counsel for the petitioner that another crime was registered as Crime No.83 of 2009 of the same police station in which the defacto complainant is the uncle of the third petitioner. It is not as such a counter case, submitted the learned public prosecutor. It is not necessary to decide that question in this Bail Application. In Crime No.83 of 2009, it is submitted that accused persons were arrested and they were remanded to judicial custody. 4. I have gone through the case diary. Though the injuries are simple in nature, it is to be noted that four persons sustained injuries. According to the prosecution, weapons were also used for commission of the offence. BA No.3209/2009 2 5. Taking into account the facts and circumstances of the case, the nature of the offence, the allegations made and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioners. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl