IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 Bail Appl..No. 2788 of 2009() -------------------------------------- CRIME NO.251/2009 OF NILAMBUR POLICE STATION PETITIONER/ACCUSED NO.3: ------------------------------------------- RIYAS BABU, S/O. ABDULLAKUTTY, AGE 27 YEARS, RESIDING AT KALATHINGAL HOUSE, BEEMBUNGAL, MAMPAD, NILAMBUR, MALAPPURAM DIST. BY ADV. SRI.K.M.JAMALUDHEEN RESPONDENT/ COMPLAINANT-STATE : ---------------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. M.S. BREEZ. PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 2788 of 2009 ------------------------------------ Dated this the 27th day of May, 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 3rd accused in Crime No.251/2009 of Nilambur Police Station. 2. The offence alleged against the petitioner is under Sections 143, 147, 332, 341, 353 read with Section 149 of the Indian Penal Code. 3. The allegation is that when the Revenue Divisional Officer tried to seize a goods Autorickshaw, carrying sand unlawfully, he was attacked by more than 20 people including the petitioner. 4. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the facts and circumstances of the case, I am not inclined to grant anticipatory bail. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm