IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Bail Appl..No. 3901 of 2009() -------------------------------------- CRIME NO.105/2009 OF KAKKUR POLICE STATION, KOZHIKODE. .................... PETITIONERS/ACCUSED --------------------------------------- 1. ABHILASH, S/O.SAMI, VALLUVAPARA THAZHAM, CHELANNUR P.O., CHELANNUR AMSOM AND DESOM, KOZHIKODE TALUK. 2. AKHILESH, S/O.SAMI, DO. DO. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT/ COMPLAINANT & STATE: ------------------------------------------------------------ 1. S.I. OF POLICE, KAKKUR POLICE STATION, KOZHIKODE. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3901 of 2009 ------------------------------------ Dated this the 30th 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 petitioners are accused Nos.1 and 2 in Crime No.105/2009 of Kakkur Police Station, Kozhikode. 2. The offence alleged against the petitioners is under Section 436 read with Section 34 of the Indian Penal Code. 3. I have perused the Case Diary. 4. The allegation is that on 25/06/2009 at 1.10 A.M, the accused persons set fire to the house of the defacto complainant and in that fire, the curtains, sofa and other articles in the house were destroyed. Petrol bomb was allegedly used by the accused persons for the commission of the offence. The Case Diary would also disclose that there are other disputes between the parties. 5. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the petitioners, I do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm