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. 2822 of 2009 CRIME NO.202 OF 2009 OF VADAKKEKKAD POLICE STATION PETITIONER/ACCUSED NO.2 ------------------------------------------- RAFI, AGED 21 YEARS, S/O SULAIMAN, THEKKEPURATH HOUSE, MAVINCHODU DESOM, PUNNAYURKULAM VILLAGE, CHAVAKKAD TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2822 OF 2009 ------------------------------------------------------ Dated this the 28th 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 accused No.2 in Crime No.202 of 2009 of Vadakkekkad Police Station. 2. The offences alleged against the petitioners are under Sections 341, 324 and 326 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary and the wound certificate. The victim sustained serious injuries. There is compound fracture on both bones of his left leg. The victim was admitted in the hospital and he underwent an operation. The de facto complainant is the brother of the victim. 4. Taking into account the facts and circumstances of the case, the injury sustained and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail B.A. NO. 2822 OF 2009 :: 2 :: 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/