IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 Bail Appl..No. 2239 of 2010() ----------------------------------------- (CRIME NO.22/2010 OF KOLLAM WEST POLICE STATION) PETITIONERS/ACCUSED 1 & 2: ----------------------------------------------- 1. SHEFEEK,S/O.SHARAFUDEEN, AGED 32 YEARS, PARAMBIL THEKKETHIL,KUREEPUZHA, KAVANAD, KOLLAM. 2. SHEMMER, S/O. SHARAFUDEEN, AGED 34 YEARS, PARAMBIL THEKKETHIL, KUREEPUZHA KAVANAD, KOLLAM. BY ADV. SRI.R.SATISH KUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATION HOUSE OFFICER, KOLLAM WEST POLICE STATION, KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V.K. MOHANAN, J. ---------------------------------------- Bail Application No.2239 of 2010 ----------------------------------------- Dated this the 20th day of April, 2010 O R D E R This is an application filed under Section 438 of Cr.P.C. seeking anticipatory bail. 2. The petitioners apprehend arrest connected with Crime No. 22/2010 of Kollam West Police Station in which offences punishable under Sections 323, 324, 308 r/w 34 of I.P.C. are involved. 3. The allegation against the petitioners is that, on 21.3.2010 at about 8 p.m., while the defacto complainant Riaz was going to meet his relatives, in a Motor Cycle, petitioners and 2 others attacked him. First accused gave a blow on his head with an iron bar and he fell down from his bike and that 2nd accused attacked him with one iron bar, by beating on his left shin bone and right elbow and another unidentified person beaten on his left elbow and muscle and another unidentified person gave a blow with B.A.No. 2239 of 2010 -:2:- his hand on the face of the defacto complainant, thereby he sustained injuries. 4. I have heard learned counsel for the petitioners and the learned Public Prosecutor. 5. Having regard to the facts and circumstances involved in the case, especially the gravity of the offences involved and the allegations, I am not inclined to grant anticipatory bail to the petitioners as the same will adversely affect the investigation in the above crime which is now in progress. Considering the grievous nature of the injuries sustained by the victim and the weapons used to inflict such injuries, it is not proper for this Court to grant anticipatory bail in favour of the petitioner at this stage. In the result, I find no reason to grant anticipatory bail to the petitioners by exercising the extra ordinary jurisdiction of this Court under Section 438 of Cr.P.C. Therefore, there is no merit in this petition and accordingly, the same is dismissed. V.K.MOHANAN, JUDGE ami/