IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 Bail Appl..No. 7015 of 2009() ----------------------------- CRIME NO.317/2009 OF ARYANCODE POLICE STATION, THRIRUVANANTHAPURAM .................... PETITIONER (S): ACCUSED: ---------------------------- SATHYAN, S/O.YOVEL NADAR, AGED 60 YEARS, SUJA MANDIRAM, ULATTIMOODU, PERAYAKKONAM, VAZHICHAL P.O., OTTASEKHARAMANGALAM VILLAGE, NEYYATTINKARA TALUK, TRIVANDRUM. BY ADV. SRI.S.MOHAMMED AL RAFI SRI.A.ABSALKHAN 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 07/12/2009, THE COURT ON 03/12/2009 PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.7015 of 2009 --------------------------------------------- Dated this the 3rd day of December, 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.317 of 2009 of Aryancode Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 294(b), 341 and 326 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. 4. The wound certificate would disclose fracture of both the bones of the right hand of the victim. 5. Taking into account the facts and circumstances of the case, the nature of the injuries and the allegations levelled against the petitioner, 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 the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl