IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 2820 of 2009() ----------------------------- CRIME NO.200/2009 OF BALUSSERY POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- BIJU, S/O.VARKEY, VADAKKEDATH HOUSE, P.O.AVIDANALLUR, VIA-NADUVANNUR, KOZHIKODE DISTRICT. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2820 OF 2009 ------------------------------------------------------ Dated this the 1st July, 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.200 of 2009 of Balussery Police Station. 2. The offences alleged against the petitioner are under Sections 452, 326 and 308 of the Indian Penal Code. 3. I have gone through the case diary, the wound certificate and the discharge certificate. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injury sustained and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted 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 ahz/