IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 Bail Appl..No. 3403 of 2009() ----------------------------- CRIME NO.532/2009 OF ADOOR POLICE STATION PETITIONER/ACCUSED : ----------------------------------- AJAYAN, S/O.PADMANABHAN, MUKALUVILAYIL, KADAMPANADU MURI, KADAMPANADU VILLAGE, ADOOR. BY ADV. SRI.AJITH MURALI RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3403 of 2009 -------------------------------- Dated this the 1st 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.532 of 2009 of Adoor Police Station. 2. The offences alleged against the petitioner are under Sections 308, 324, 326, 341 and 427 of the Indian Penal Code. 3. The prosecution case is that on 15.5.2009, while the defacto complainant was riding on a motor bike, he was intercepted by the accused and he was beaten with an iron rod causing injuries on his head. The defacto complainant fell down and again, he was attacked. Damage was also caused to the motor bike causing a loss to the tune of Rs.40,000/-. The defacto complainant was admitted in the hospital immediately after the incident. 4. I have gone through the case diary and perused the wound certificate. 5. Taking into account the facts and circumstances of the case and the nature and gravity of the offence, I do not think that this is a BA No.3403/2009 2 fit case where anticipatory bail can be granted in favour of the petitioner. The petitioner is not 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 csl