IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 Bail Appl..No. 2255 of 2009() -------------------------------------- CRIME NO.172/2009 OF THE MANNARKKAD POLICE STATOIN. PETITIONER/ACCUSED: -------------------------------------- NASAR @ HASSAN,S/O. SULAIMAN, AGED 35 YEARS,CHERIKKALLIL HOUSE, CHIRAPPADAM, THENKARA, MANNARKKAD TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No.2255 of 2009 ------------------------------------ Dated this the 30th day of June, 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 accused in Crime No.172/2009 of Mannarkkad Police Station. 2. The offences alleged against the petitioner are under Sections 450 and 376 of the Indian Penal Code. 3. I have gone through the case diary. 4. Taking into account the facts and circumstances of the case, the nature and character of the offence and the relationship between the victim and the petitioner, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioner. The statement of the witnesses would also indicate that the petitioner who was residing nearby has now absconded and he has vacated the house in which he was residing. I am of the view that the petitioner is B.A. No.2255 /2009 Page numbers 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 scm