IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 Bail Appl..No. 2773 of 2009() -------------------------------------- CRIME NO.83/2009 OF KORATTY POLICE STATION PETITIONER/ ACCUSED: -------------------------------------- RATHEESH, S/O.VIJAYAN, KEERIPARAMBAN HOUSE, PULANI, KUNNAPPALLY, MELUR THRISSUR DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT : --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2773 of 2009 ------------------------------------ Dated this the 4th 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 petitioner is the accused No.6 in Crime No.83/2009 of Koratty Police Station. 2. The offences alleged against the petitioner are under Sections 120-B and 395 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons came on two motor bikes and intercepted the motor cycle driven by the defacto complainant, who is a jewellery owner and forcibly took possession of the motor bike driven by the defacto complainant and escaped. The defacto complainant sustained injuries. According to prosecution, the defacto complainant was attacked under the wrong impression on the part of the accused that the former would be having jewellery and money with him. 4. Taking into account the facts and circumstances of B.A. No. 2773/2009 2 the case, I do not think this is a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm