IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 Bail Appl..No. 3583 of 2009() ------------------------------------- CRIME NO.175/2007 OF KUDIYANMALA POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- NARAYANAN KALLA, S/O.KALLA CHEMMARAN, AGED 28 YEARS, ST PROMOTER, PUTHUSSERY VEEDU, UTHOOR, NADUVIL, THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.P.BABU RESPONDENT/COMPLAINANT: -------------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3583 of 2009 ------------------------------------ Dated this the 8th day of July, 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.175/2007 of Kudiyanmala Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 376, 450 and 506 of the Indian Penal Code. 3. I have perused the case diary. 4. The incident occurred on 16/06/2007. The petitioner was absconding and therefore, he could not be arrested. Now in 2009, the petitioner has surfaced and this Bail Application is filed for anticipatory bail. 5. Taking into account the facts and circumstances of the case, the nature and the gravity of the offence and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. B.A. No. 3583/2009 Page numbers The petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm