IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4828 of 2009() ---------------------------------------- CRIME NO.97/2009 OF MANJESHWARAM POLICE STATION, KASARAGOD PETITIONER/ACCUSED: --------------------------------------- MUHAMMED ZAHIR, AGED 40, S/O.SHEIKH MOIDEEN, AL-MAJAL, RIHANA COTTAGE, P.O.UPPALA, KASARAGOD. BY ADV. SMT.R.PADMAKUMARI RESPONDENT/COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, MANJESHWARAM POLICE STATION, KASARAGOD. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4828 of 2009 ------------------------------------ Dated this the 8th day of September, 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 accused in Crime No.97/2009 of Manjeshwaram Police Station. 2. The offences alleged against the petitioner are under Sections 452 and 308 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the injuries sustained by the defacto complainant, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm