IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 Bail Appl..No. 3833 of 2009 CRIME NO.185 OF 2009 OF BALARAMAPURAM POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ BIJU, S/O.BALAN, CHITHARALAYAM, BHAGAVATHINADA, VEDIVACAHN COIL P.O., BALARAMAPURAM, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3833 OF 2009 ------------------------------------------------------ Dated this the 13th August, 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 third accused in Crime No.185 of 2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 297, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The learned counsel for the petitioner submitted that the case is foisted against the petitioner and that there is no material to connect him with the offence. I have gone through the case diary. Prima facie, I am not inclined to accept the contention of the petitioner. 4. Taking into account the facts and circumstances of the case, the nature of the offence and the allegations levelled against the accused persons, I do not think that the petitioner is entitled to B.A. NO. 3833 OF 2009 :: 2 :: the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/