IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 Bail Appl..No. 5655 of 2009 CRIME NO.166 OF 2009 OF KOTTAYI POLICE STATION, PALAKKAD PETITIONER: ACCUSED NO.2: ------------------------------ VINEESH,S/O.VIJAYAN, AGED 25 YEARS KALARIKKAL HOUSE, MAJOR ROAD, KOTTAYI,PALAKKAD. BY ADV. SRI.K.ANAND RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE KOTTAYI POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5655 OF 2009 ------------------------------------------------------ Dated this the 28th day of October, 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 second accused in Crime No.166 of 2009 of Kottayi Police Station, Palakkad District. 2. The offences alleged against the accused persons are under Sections 341, 323, 294(b), 394 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 13.8.2009 at 4.30 AM, the accused persons pelted stones on a lorry, which was being plied from Pollachi to Vaniyampara, when the lorry reached Kottayi. It is alleged that the accused persons tried to rob the driver as well as the cleaner of the lorry. Accused No.1 was arrested on the same date and he was granted bail only on 25.9.2009, as per the order in B.A.No.5440 of 2009. B.A. NO. 5655 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the accused, I do not think that this is a fit case where anticipatory bail can be granted. The petitioner does not deserve any discretionary relief. The allegation is that the accused persons committed highway robbery at odd hours. In such cases, the discretionary relief under Section 438 of the Code of Criminal Procedure cannot be extended in favour of the accused. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/