IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4291 of 2009()
1. UDAYAKUMAR, AGED 28 YEARS,
... Petitioner
2. SUDHEESH KUMAR, AGED 29 YEARS
Vs
1. STATE OF KERALA, REP. BY PUBLIC
... Respondent
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :07/08/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 4291 OF 2009
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Dated this the 7th August, 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.2
and 5 in Crime No.274 of 2009 of Kattakkada Police Station.
2. The offences alleged against the petitioners B
Bare under Sections 143, 147, 148, 149, 447 and 308 of the Indian
Penal Code.
3. I have gone through the case diary. The wound certificate
shows that the de facto complainant had sustained a cut injury on
the left parietal region of the scalp, 7 – 8 cm in length and having a
depth of 1.5 cm. The prosecution case is that the accused persons
formed themselves into an unlawful assembly, trespassed into the
house of the de facto complainant and attacked him with a chopper.
The first accused was arrested and he was in judicial custody.
4. Taking into account the facts and circumstances of the
B.A. NO. 4291 OF 2009
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case, the nature of the offence, the injury sustained and the
allegations levelled against the petitioners, I am of the view that the
petitioners are not entitled to the discretionary relief under Section
438 of the Code of Criminal Procedure.
The Bail Application is accordingly dismissed.
(K.T.SANKARAN)
Judge
ahz/