IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 Bail Appl..No. 3915 of 2009() ------------------------------------- AGAINST THE JUDGEMENT/ORDER IN BA.2527/2009 Dated 01/06/2009 CRIME NO.501/2009 OF CHERTHALA POLICE STATION. .................... PETITIONER/2ND ACCUSED : ------------------------------------------- AKHIL VIJAY @ UNNIKUTTAN, AGED 22 YEARS, S/O.VIJAYAKUMARAN NAIR, AKHIL NIVAS, PALLIPURAM, CHERTHALA. BY ADV. SRI.IYPE JOSEPH SRI.V.MANOJ KUMAR RESPONDENT/ COMPLAINANT-STATE: ------------------------------------------------------ THE SUB INSPECTOR OF POLICE, CHERTHALA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3915 of 2009 ------------------------------------ Dated this the 17th day of July, 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 2nd accused in Crime No.501/2009 of Cherthala Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324 and 452 read with Section 149 of the Indian Penal Code. 3. In Crime No.242/2009 of Cherthala Police Station, the petitioner herein was granted anticipatory bail as per order dated 1/06/2009. The learned Public Prosecutor submitted that the petitioner violated the conditions of granting bail and therefore, bail was cancelled. 4. I have perused the Case Diary. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the injuries sustained, I do not think that this is a fit case, where the petitioner is B.A. No. 3915/2009 Page numbers entitled to get the discretionary relief under Section 438 of the Code of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm