IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 18TH SEPTEMBER 2009 / 27TH BHADRA 1931 Bail Appl..No. 4556 of 2009(F) ----------------------------------------- (CRIME NO. 115/2009 OF KELAKAM POLICE STATION, KANNUR) .................... PETITIONER/ACCUSED: ---------------------------------- SHYJU, S/O.MATHEW, AGED 32 YEARS, THACHANALIL HOUSE, SANTHIGIRI, KELAKAM P.O. BY ADV. MR.C.P.PEETHAMBARAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- THE STATION HOUSE OFFICER, KELAKAM POLICE STATION, KANNUR DISTRICT. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. M.S. BREEZE. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 18/09/2009,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== B.A.No. 4556 OF 2009 =========================== Dated this the 18th day of September,2009 ORDER Petitioner is the accused in Crime No.115/2009 of Kelakam Police Station, Kannur registered for the offence under section 324 and 308 of Indian Penal Code. Petition is filed under section 438 of Code of Criminal Procedure for anticipatory bail apprehending arrest. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned counsel appearing for the petitioner submitted that petitioner is prepared to abide by any condition and in the nature of the case he be granted anticipatory bail. 4. Learned Public Prosecutor opposed the application and submitted that the weapon is to be recovered and custodial interrogation of the petitioner is necessary. On hearing the learned counsel for the petitioner and the learned Public Prosecutor, I do not find that this is a fit case to exercise the extra ordinary power under section 438 of Code of Criminal procedure to grant anticipatory bail. It is up to the B.A.4556/2009 2 petitioner to surrender before the concerned Magistrate and apply for regular bail. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006