IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 Bail Appl..No. 4699 of 2009 CRIME NO.526 OF 2009 OF NEMOM POLICE STATION, THIRUVANANTHAPURAM. PETITIONER/1ST ACCUSED ------------------------------------------ SAJEEV R.,AGED 23 YEARS, S/O.ABDUL RAHIM, PANAYIL VEEDU, PONNUMANGALAM, OLD KARACKAMANDAPAM, NEMOM P.O., THIRUVANANTHAPURM TALUK. BY ADV. SRI.BLAZE K.JOSE SRI.SAJEEV JOSEPH RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, NEMOM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4699 OF 2009 ------------------------------------------------------ Dated this the 8th day of September, 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 first accused in Crime No.526 of 2009 of Nemom Police Station, Thiruvananthapuram. 2. The offences alleged against the accused persons are under Sections 294(b), 452, 394 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that the accused persons demanded money from the de facto complainant, who is a salesman of a business establishment. When the de facto complainant refused to give money, he was slapped on his face, forcibly took Rs.250/- from his pocket and destroyed the window panes. Learned Public Prosecutor submits that the alleged act was what is popularly known as 'goonda pirivu'. B.A. NO. 4699 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/