IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 2935 of 2009() ---------------------------------------- CRIME NO.74/2009 OF VALIYATHURA POLICE STATION, THRIRUVANANTHAPURAM. APPLICANT/4TH ACCUSED: ----------------------------------------- ABDUL GAFOOR.P.M.,AGED 37 YEARS, S/O.KUNCHALI.P.,POOZHIKUTH HOUSE, THRIKALANGODE-P.O.,MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT/COMPLAINANT: ------------------------------------------------- STATE OF KREALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2935 of 2009 ------------------------------------ Dated this the 1st 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 4th accused in Crime No.74/2009 of Valiyathura Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 465, 468 and 471 read with Section 34 of the Indian Penal Code and Section 12(1)(d) of the Passports Act. 3. I have gone through the case diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations made against the accused persons, 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 scm