IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2787 of 2009() ----------------------------- CRIME NO.115/2009 OF NILESHWARAM POLICE STATION PETITIONERS/ACCUSED NOS.1 AND 2 --------------------------------------------------- 1. SABU.M.U., AGED 31 YEARS, S/O.LATE ULAHANNAN, MANIVAYALIL HOUSE, PEROLE, NILESHWARAM. 2. THRESIAMMA, AGED 70 YEARS, W/O.LATE ULAHANNAN, MANIVAYALIL HOUSE, PEROLE, NILESHWARAM. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2787 of 2009 -------------------------------- Dated this the 3rd day of June, 2009 ORDER 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.115 of 2009 of Nileshwaram Police Station. 2. The offences alleged against the petitioners are under Sections 452 and 498A read with Section 34 of the Indian Penal Code. 3. I heard the learned counsel for the petitioner, learned public prosecutor and also the counsel appearing for the defacto complainant and perused the case diary. In the facts and circumstances of the case, I do not think it is proper to pass an order in favour of the petitioners under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl