IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 Bail Appl..No. 4582 of 2009() ------------------------------------ CRIME NO. 409/2009 OF KATTAKADA POLICE STATION ..................... PETITIONER/ACCUSED : ----------------------------------- JAYAKUMAR, S/O. THAMBIKUJAN, AKHIL NIVAS, KIYIMACHAIL AMBALATHILKALA P.O., TRIVANDRUM. BY ADV. SRI. M.R. SARIN RESPONDENT: -------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. GIKKU JACOB PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4582 of 2009 ------------------------------------ Dated this the 20th day of August, 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.409/2009 of Kattakada Police Station. 2. The offences alleged against the petitioner are under Sections 420 and 376 of the Indian Penal Code. 3. I have gone through the Case Diary. The sequence of the events and various incidents narrated by the defacto complainant would show that the contention of the petitioner that no case is made out against him is, prima facie, unsustainable. The defacto complainant has narrated how she was cheated by the accused and how she became pregnant and how she was abandoned by the accused. 4. In the facts and circumstances of the case, I do not think that the petitioner is entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln