IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 Bail Appl..No. 4021 of 2009() ----- ----------------------------- CRIME NO. 84/2009 OF TOWN NORTH POLICE STATION PETITIONER/ACCUSED: ---------------------------------- SUDHEESH.V. ,S/O.BALAN, AGED 32 YEARS, ASWATHI HOUSE, KAVILPAD, PALAKKAD. BY ADV. SRI. K. ANAND RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION. BY SRI. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4021of 2009 ------------------------------------ Dated this the 23rd day of 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.84/2009 of Town North Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 341, 294(b), 324 and 308 of the Indian Penal Code. 3. I have gone through the Case Diary. 4. The allegation is that the petitioner caused hurt to the defacto complainant by hand and with an iron rod. The motive alleged is that the defacto complainant gave a statement to the police against the petitioner in another case, in which the petitioner was the accused. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the injury sustained, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The bail application is accordingly dismissed. K.T. SANKARAN, JUDGE ln ln