IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Bail Appl..No. 5138 of 2009() -------------------------------------- CRIME NO.463/2009 OF TALIPARAMBA POLICE STATION PETITIONER/ACCUSED: -------------------------------------- K.V.MUHAMAD SHAFI, AGED 42 YEARS,S/O.KANNAN,BUSINESS, MORAZHA (P.O),TALIPARAMBA THALUK, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENT/COMPLAINAT: -------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.5138 of 2009 ------------------------------------ Dated this the 17th 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.463/2009 of Taliparamba Police Station. 2. The offences alleged against the petitioner are under Sections 376, 420 and 506(ii) of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor and also perused the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations made against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. 5. The learned counsel for the petitioner submitted that at least there may be a direction not to arrest the B.A. No.5138 / 2009 2 petitioner till Ramzan is over. 6. The learned Public Prosecutor submitted that the petitioner will not be arrested till 23rd September, 2009. This submission is recorded. K.T. SANKARAN, JUDGE scm