IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 3474 of 2009() -------------------------------------- CRIME NO. 203/2009 OF OLLUR POLICE STATION ............................... PETITIONER: ------------------- ANEESH, AGED 24 YEARS, S/O.ARAVINDAKSHAN, KOZHIPARAMBIL HOUSE, PULLAZHY VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT: ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 3474 of 2009 ------------------------------------ Dated this the 12th day of August, 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.1 in Crime No.203/2009 of Ollur Police Station. 2. The offence alleged against the petitioner are under Section 394 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 24.03.2009, while the defacto complainant and his friend Kanakaraj were collecting money from the shops, the accused persons came on a motor bike, attacked the defacto complainant and Kanakaraj and robbed a sum of Rs. 25,200/- from the defacto complainant. The defacto complainant is a person engaged in the business of lending money to the business men. The learned Public Prosecutor submitted that the second accused was arrested on 26.03.2009. 4. I have gone through the Case Diary. 5. Taking into account the facts and circumstances of the B.A. No. 3474 of 2009 2 case, the gravity of the offence alleged and the allegations against the petitioner, I am not inclined to grant Anticipatory Bail 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 ln