IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 3209 of 2009()
1. PATHIKARA RAJAN,AGED 38 YEARS,
... Petitioner
2. ARANGATHKUZHI JOSHI,AGED 30 YEARS,
3. POOVATHUMOOTIL BABY @ SEBASTIAN,
4. POOVATHUMOOTIL SHAJI,AGED 35 YEARS,
5. POOVATHUMOOTIL JAYAPALAN,AGED 25 YEARS,
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.JAWAHAR JOSE
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :18/06/2009
O R D E R
K.T.SANKARAN, J.
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B.A.No.3209 of 2009
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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