IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Bail Appl..No. 2882 of 2009() ----------------------------- CRMP.2786/2008 IN CRIME NO.777/2008 OF KUNDARA POLICE STATION .................... PETITIONER/1ST ACCUSED ------------------------------------------ MUJEEB, S/O MUHAMMED KUNJU, MUJEEB MANZIL, PULLYILA, NALLILA.P.O.,KOLLAM. BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.2882 of 2009 --------------------------------- Dated this the 16th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.777 of 2008 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 376 and 498A read with Section 34 of the Indian Penal Code. 3. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the petitioner, I am of the view that this is not a fit case where the discretionary relief can be granted to the petitioner under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl