IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 Bail Appl..No. 5158 of 2009 CRIME NO.551 OF 2009 OF MEDICAL COLLEGE POLICE STATION, THIRUVANANTHAPURAM PETITIONER/ACCUSED -------------------------------------- VIJAYAKUMARAN NAIR, AGED 54 YEARS, S/O. LATE GOPINATHAN NAIR, 'ANIZHAM', KANNOTTUKONAM, KOCHULLOOR, TRIVANDRUM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5158 OF 2009 ------------------------------------------------------ Dated this the 25th 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 the accused in Crime No.551 of 2009 of Medical College Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner is under Section 294 (b) of the Indian Penal Code and Section 2 of the Prevention of Insult to National Honour Act, 1971. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the case diary. 4. Taking into account the facts and circumstances of the case and the allegations made against the petitioner, I do not think that this is a fit case where the discretionary relief under Section 438 of the Code of Criminal Procedure should be extended in favour of the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/