IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH SEPTEMBER 2009 / 7TH ASWINA 1931 Bail Appl..No. 5088 of 2009() ----------------------------- CRIME NO.195/2008 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED -------------------------------------- LALU @ JUSTIN LAL, S/O.STANLY, A.R.VILLA, ANCHUMARAMKALA, VELLARADA VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VELLARADA POLICE STATION, VELLARADA, THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5088 of 2009 --------------------------------------------- Dated this the 29th day of September, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.195 of 2008 of Vellarada Police Station, Thiruvananthapuram. 2. The offence alleged against the petitioner is under Section 376 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would affect the proper investigation of the case. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl