IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 Bail Appl..No. 3251 of 2009() ----------------------------- CRIME NO.233/2009 OF PARAVOOR POLICE STATION PETITIONER/ACCUSED: --------------------------------------- MOHANAN, VARUNIVLA VEEDU, CEMARUTHU VILLAGE, CHIRAYANKEEZHU TALUK. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): COMPLAINANT: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, PARAVOOR. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.3251 of 2009 ------------------------------- Dated this the 17th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.233 of 2009 of Paravoor Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. The defacto complainant filed a complaint dated 24.4.2009 before the court of the Munsiff Magistrate of Paravur, which was forwarded to the police under Section 156(3) of the Code of Criminal Procedure. There upon the crime was registered. 4. I have gone through Annexure I complaint filed by the defacto complainant before the Magistrate's court. The allegations levelled against the petitioner in Annexure I complaint are grave. 5. Taking into account the facts and circumstances of the case and the incidents narrated in Annexure I complaint, I am not inclined to grant anticipatory bail to the petitioner. The BA No.3251/2009 2 petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl