IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 Bail Appl..No. 3471 of 2009 CRIME NO.553 OF 2009 OF PATHANAMTHITTA POLICE STATION CRMP.777/2009 OF SESSIONS COURT, PATHANAMTHITTA PETITIONER: ACCUSED NO.1: -------------------- B.MADHUSOODANAN NAIR, S/O. LATE BHASKARA KAIMAL, MEMANA MADATHIL HOUSE, VAYALAD NORTH MURI, VELLIKKODU VILLAGE, MARIYAPURAM P.O., KOZHENCHERRY TALUK. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3471 OF 2009 F ------------------------------------------------------ Dated this the 29th June, 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 the accused in Crime No.553 of 2009 of Pathanamthitta Police Station. 2. The offence alleged against the petitioner is under Section 498A of the Indian Penal Code. 3. A complaint was filed by the de facto complainant before the Court of the Chief Judicial Magistrate of Pathanamthitta, which was forwarded to the Police under Section 156(3) of the Code of Criminal Procedure. Accordingly, the crime was registered. 4. I have gone through the case diary. 5. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where the petitioner should B.A. NO. 3471 OF 2009 :: 2 :: be granted the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/