IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3900 of 2009() ----------------------------- CRIME NO.266/2009 OF MAVELIKKARA POLICE STATION PETITIONER (S): 5TH ACCUSED: -------------------------------- K.RADHAKRISHNA PILLAI @ KANNAN, THUNDIL VEEDU, EREZHA VADAKKUMMURIYIL, KANNAMANGALAM, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): STATE & COMPLAINANT;] ------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION, ALAPPUZHA DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ----------------------------- B.A.No.3900 of 2009 -------------------------------- Dated this the 20th day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.5 in Crime No.266 of 2009 of Mavelikkara Police Station. 2. The offence alleged against the petitioner are under Sections 452, 427 and 395 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. 4. The fourth accused was arrested on 5.6.2009. Bail Application No.3792 of 2009 filed by the fourth accused was dismissed by me on 16.7.2009. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and other circumstances, I am of the view that 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 csl