IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 Bail Appl..No. 3287 of 2009() ----------------------------- CRIME NO.644/2008 OF WADAKKANCHERY POLICE STATION APPLICANT/ACCUSED 2 --------------------------------------- SHIHAB, AGED 24 YEARS, S/O.SULAIMAN, POOVATHINKAL HOUSE, MALLAKKA DESOM, MANALITHARA VILLAGE. BY ADV. SRI.P.VIJAYA BHANU SRI.VIPIN NARAYAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, WADAKKANCHERY POLICE STATION. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------- B.A.No.3287 of 2009 ------------------------------- Dated this the 19th 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 accused No.2 in Crime No.644 of 2008 of Wadakkanchery Police Station. 2. The offence alleged against the petitioner is under Section 379 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons cut down 6 teak trees from a canal bund in the possession of the Irrigation Department and thereby, committed the offence. 4. I have gone through the case diary. 5. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I do not think that this is a case where the petitioner is entitled to get anticipatory bail. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl