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. 4145 of 2009 CRIME NO.276 OF 2008 OF KANJIRAMKULAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER/1ST ACCUSED ------------------------------------------ SHINIL S/O. ANTONY, LOURDUPURAM, KANJIRAMKULAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.BLAZE K.JOSE RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE KANJIRAMKULAM POLICE STATION. 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. 4145 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 first accused in Crime No.276 of 2008 of Kanjiramkulam Police Station, Thiruvananthapuram District. . 2. The offences alleged against the petitioner are under Sections 324, 294(b), 326 and 308 read with Section 34 of the Indian Penal Code. 3. I have gone through the case diary. The de facto complainant has sustained serious injuries. Weapons like chopper were allegedly used for the commission of the offence. B.A.No.56 of 2009 filed by the second accused for anticipatory bail was dismissed by this Court as per the order dated 3.2.2009. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injury sustained and B.A. NO. 4145 OF 2009 :: 2 :: other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The 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 ahz/