IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 Bail Appl..No. 5457 of 2009() ------------------------------------ CRIME NO. 739/2009 OF VARKALA POLICE STATION ............................. PETITIONER/ACCUSED: ----------------------------------- PRASAD A., RESIDING AT ALUVILA VEEDU, NELLETTIL P.O., KOLLAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT: -------------------- THE STATE OF KERALA, REPRESENTED THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, THROUGH THE SUB INPSECTOR OF POLICE, VARKALA POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5457 of 2009 ------------------------------------ Dated this the 8th day of December, 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 in Crime No.739/2009 of Varkala Police Station. 2. The offence alleged against the petitioner is under Section 304 of the Indian Penal Code. 3. Originally the crime was registered under Section 279 and 304 A. Subsequently, the offence was altered under Section 304 of the Indian Penal Code. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the Case Diary. 5. Taking into account the facts and circumstances of the case and the nature of the offence, I am not inclined to grant Anticipatory Bail to the petitioner. The petitioner is 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 ln