IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3361 of 2009()
1. MOHANAN, S/O. PARAMESWARAN,
... Petitioner
2. SATHYAPALAN, S/O. PARAMESWARAN,
Vs
1. STATE OF KERALA REP. BY THE SUB
... Respondent
For Petitioner :SRI.C.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :23/06/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 3361 of 2009
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Dated this the 23rd 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. 1and 2 in Crime No.172/2009 of Thekkumbhagam Police
Station.
2. The offences alleged against the petitioners are under
Sections 341, 308 and 324 read with Section 34 of the Indian
Penal Code.
3. I have perused the case diary. The prosecution case
is that while the defacto complainant was retuning after
supplying toddy in the toddy shop, he was attacked by accused
Nos.1 and 2 and two others. The first accused beat the defacto
complainant with a chain. The second accused also did the same
thing. The other accused caught hold of the defacto complainant.
The wound certificate would disclose that serious injuries were
sustained by the defacto complainant. The defacto complainant
was admitted in the Hospital. The statement of the doctor who
B.A. No. 3361 /2009
2
examined the defacto complainant was also recorded.
4. Taking into account the facts and circumstances of the
case, I do not think that the petitioners are entitled to get
discretionary relief under Section 438 of the Code of Criminal
Procedure.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
scm