High Court Kerala High Court

Nishanth vs State – Represented By Public … on 22 February, 2010

Kerala High Court
Nishanth vs State – Represented By Public … on 22 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 780 of 2010()


1. NISHANTH, S/O.NARAYANAN, AGED 27
                      ...  Petitioner
2. ANEESH, S/O.KARATHUTTAN,
3. ABHILASH, S/O.KARUNAKARAN,
4. JIJU, S/O.MANOHARAN, AGED 21 YEARS,
5. LANISH, S/O.SHANKARAN, AGED 25 YEARS,
6. RATHEESH, S/O.BALAN, AGED 27 YEARS,

                        Vs



1. STATE - REPRESENTED BY PUBLIC PROSECUTOR
                       ...       Respondent

2. THE STATION HOUSE OFFICER,

                For Petitioner  :SRI.K.P.HARISH

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :22/02/2010

 O R D E R
                       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