IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 Bail Appl..No. 3766 of 2009() -------------------------------------- CRIME NO.785/2009 OF VADANAPPALLY POLICE STATION. PETITIONER/ACCUSED 2 TO 4 & 6: ------------------------------------------------- 1. JOHN M.A., S/O.ANTONY M.A., MANGATTU HOUSE, VADUTHALA, KOCHI. 2. ROMY EMMANUAL, S/O.EMMANUAL, VELIATHINKAL HOUSE, BISHOP GARDEN, PATTALAM, FORT KOCHI. 3. K.V.MANOJ, S/O.VIDHYADHARAN K.C., KURUPPASSERY HOUSE, PALAPPARAMBIL, KADEBHAGOM, PALLURUTHY. 4. SHOIN MATHEW, S/O.MATHEW, KANISSERY PARAMBIL, MALAKKAL ROAD, THEVARA, ERNAKULAM. BY ADV. SRI.G.PRIYADARSAN THAMPI RESPONDENT/COMPLAINANT: -------------------------------------------- THE STATION HOUSE OFFICER, VADANAPPALLY POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3766 of 2009 ------------------------------------ Dated this the 20th 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.2 to 4 and 6 in Crime No.785/2008 of Vadanappally Police Station. 2. The offence alleged against the petitioner is under Section 395 of the Indian Penal Code. 3. Heard Sri. P.G. Thampi, the learned senior counsel appearing for the petitioner and the learned Public Prosecutor. 4. I have perused the Case Diary. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations made against the petitioner, I do not think that the petitioners are entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The application for anticipatory bail is accordingly dismissed. K.T. SANKARAN, JUDGE scm