IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 Bail Appl..No. 5160 of 2009 CRIME NO.1573 OF 2009 OF PERUMBAVOOR POLICE STATION PETITIONER: ACCUSED --------------------------------- JOHNY A.K., AGED 40 YEARS, S/O. KORA, RESIDING AT ALAKKAKUZHY HOUSE, ALLAPRA. BY ADV. SRI.A.T.ANILKUMAR SRI.P.DALBI EMMANUEL RESPONDENT:COMPLAINANT ------------------------------------- THE STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP.BY THE SUB INSPECTOR, PERUMBAVOOR POLICE STATION IN CR.NO.1573/09 PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5160 OF 2009 ------------------------------------------------------ Dated this the 16th day of September, 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.4 in Crime No.1573 of 2009 of Perumbavoor Police Station. 2. The offence alleged against the accused persons is under Section 377 read with Section 34 of the Indian Penal Code. 3. The victim is a school boy. He was subjected to the offence on several occasions. I have gone through the case diary. 4. Taking into account the facts and circumstances of the case, I am of the view that 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/