IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 Bail Appl..No. 6754 of 2009() ----------------------------- CRIME NO.258/09 OF MARANALLOOR POLICE STATION PETITIONER(S): ACCUSED -------------------------------------- RAMACHANDRAN, S/O. PADMANABHAN, 702, PADMA VILASAM,11, KOTTAMPALLI, MARANALLOOR. BY ADV. SRI.T.RAVIKUMAR SMT.G.AMBILI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, MARANALLOOR POLICE STATION (CRIME NO. 258 OF 2009 OF MARANALLOOR POLICE STATION). 3. THE ASSISTANT SUB INSPECTOR OF POLICE, MARANALLOOR POLICE, STATION (CRIME NO. 258 OF 2009) OF MARANALLOOR POLICE STATION). PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6754 of 2009 --------------------------------------------- Dated this the 19th day of November, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the sole accused in Crime No.258 of 2009 of Maranalloor Police Station. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The prosecution case is that on 8.10.2009, the de facto complainant was attacked by the accused with a penknife. The de facto complainant sustained 5 incised wounds as revealed from the accident register-cum-wound certificate. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the petitioner, I do not think that this is 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 csl