IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 Bail Appl..No. 4820 of 2009() -------------------------------------- CRIME NO.265/2009 OF KOVALAM POLICE STATION .................... PETITIONER/1ST ACCUSED: ------------------------------------------ SREEKUMAR, S/O.VIJAYAN ASARI, SHIVASRE SADHAN, NJARAVILLA, AVADUTHURA,VIZHINJAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT/ STATE & COMPLAINANT: ---------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KOVALAM POLICE STATION, KOVALAM, THIRUVANANTHAPURAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.4820 of 2009 ------------------------------------ Dated this the 22nd day of September, 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 accused No.1 in Crime No.265/2009 of Kovalam Police Station. 2. The offences alleged against the petitioner are under Sections 341, 326 and 427 read with Section 34 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor and also perused the Case Diary. The victim has lost one tooth, which according to him, was as a result of the attack made by the accused persons with iron block ('Idikatta'). 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations made against the petitioner, I am not inclined to grant the discretionary relief under Section 438 of the Code of Criminal Procedure in favour of the petitioner. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm