IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 Bail Appl..No. 3794 of 2009() ------------------------------------------ CRIME NO.415/2009 OF NEYYATTINKARA POLICE STATION ........................... PETITIONER/1ST ACCUSED: ----------------------------------------- ABHILASH, AGED 23 YEARS, S/O. VIJAYAN, CHITHIRAM PAZHINJI, ABHILASH BHAVAN, NEAR MUNNU - KALLINMOODU, ATHIYANNOOR VILLAGE, NEYYATTINKARA TALUK. BY ADV. SRI. BLAZE K.JOSE RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3794 of 2009 ------------------------------------ Dated this the 28th 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 first accused in Crime No.415/2009 of Neyyattinkara Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, and 308 r/w 34 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 of the offence and the injury sustained, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE ln