IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 3RD JULY 2009 / 12TH ASHADHA 1931 Bail Appl..No. 2616 of 2009() ----------------------------- CRIME NO.197/09 OF WADAKKANCHERY POLICE STATION PETITIONER (S): ACCUSED -------------------------------------- NITHIN M.PRAKASH, AGED 25, S/O.M.V.PRAKASH, RESIDING AT MATHRAMKOTTU HOUSE, IRINGAPPURAM P.O., GURUVAYOOR, THRISSUR. BY ADV. SRI.K.RAMACHANDRAN SRI.S.SREEDEV RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. SUB INSPECTOR OF POLICE, VADAKKANCHERY POLICE STATION, THRISSUR DISTRICT. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.2616 of 2009 --------------------------------- Dated this the 3rd day of July, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.197 of 2009 of Wadakkanchery Police Station. 2. The offences alleged against the petitioner are under Sections 365, 332, 342, 323, 324 and 308 read with Section 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 and gravity of the offence and the injury sustained by the defacto complainant, 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 get the discretionary relief under Section 438 of the Code of Criminal Procedure. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl