IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 Bail Appl..No. 3283 of 2009() -------------------------------------- CRIME NO. 64/2009 OF ATTINGAL POLICE STATION ............................. PETITIONER/ACCUSED: --------------------------------- M.MAHESH, AGED 21 YEARS, S/O. MANIKANTAN NAIR PLANTHOPPIL HOUSE, MUDAPURAM, CHIRAYINKEEZHU, TRIVANDRUM. BY ADVS. SRI.T.A. UNNIKRISHNAN & SRI.K. SATHEESH KUMAR RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3283 of 2009 ------------------------------ Dated this the 5th 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 third accused in Crime No.64/2009 of Attingal Police Station. 2. The offences alleged against the petitioner are under Sections 326 and 308 read with Section 34 of the Indian Penal Code 3. I have gone through the Case Diary. The wound certificate would disclose that the defacto complainant sustained 10 incised wounds. 4. Taking into account the facts and circumstances of the case, the injuries sustained, the nature of the offence and the allegation levelled against the petitioner, I am of the view that this is not a fit case where Anticipatory Bail can be granted to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE ln