IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 Bail Appl..No. 2173 of 2009(B) ------------------------------------- CRIME NO.92/2009 OF BALARAMAPURAM POLICE STATION .................... PETITIONER/ACCUSED : ----------------------------- SAJIN, AGED 19 YEARS, S/O. MANIKANDAN, RESIDING AT VIRUTHICHAVILA VEEDU, PALLICHAL VILLAGE, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.MADHU RESPONDENT/COMPLAINANT : ------------------------------------ C.I. OF POLICE, BALARAMAPURAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2173 of 2009 ------------------------------------ Dated this the 21st day of May, 2009 ORDER This is an application for anticipatory bail filed by the 3rd accused in Crime No.92 of 2009 of Balaramapuram Police Station, under Section 438 Cr.P.C. The offences alleged against the petitioner are under Sections 143,147,148,149, 341,323, 324 and 308 of the Indian Penal Code. The prosecution case is that the accused in furtherance of their common object of committing culpable homicide of the defacto complainant, inflicted injuries on him with an iron pipe. Learned Public Prosecutor submitted that the defacto complainant sustained head injuries. In the nature of the allegations made against the petitioner and the facts and circumstances of the case, I do not think that this is a fit case where the petitioner can invoke Section 438 Cr.P.C. The application is accordingly dismissed. K.T. SANKARAN, JUDGE scm