IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 Bail Appl..No. 6907 of 2009() ----------------------------------- CRIME NO. 332/2009 OF PALODE POLICE STATION ............................ PETITIONER/IST ACCUSED : ------------------------------------------ PRAMOD P., S/O.PANKAJAKSHAN, ELLUVILLA HOUSE, VELUKKONAM, DAIVAPURA P.O., PERINGAMALA. BY ADV. SRI.BLAZE K.JOSE RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, PALODE POLICE STATION. BY SRI. V. TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6907 of 2009 ------------------------------------ Dated this the 26th day of November, 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 accused No.1 in Crime No. 332/2009 of Palode Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 149, 452, 427, 324, 326 and 308 of the Indian Penal Code and Section 27 of the Arms Act. 3. Anticipatory Bail was granted to accused Nos. 4 to 8, 9 and 10 as per the order dated 07.10.2009. 4. However, the position of the petitioner is different. The allegation is that he inflicted injuries on the forehead of the de facto complainant with a sword. The de facto complainant sustained serious injuries as a result of the attack by the first accused. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained B.A. No. 6907 of 2009 2 and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. Accordingly, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln