IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 Bail Appl..No. 3036 of 2009() ----------------------------- CRIME NO.500/09 OF THIRUVALLA POLICE STATION PETITIONER/ACCUSED -------------------------------------- K.C.BABU, KANJIRAKKANDU VEEDU, MANHADI P.O., THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.C.R.SIVAKUMAR SRI.BAIJU KRISHNAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION, PATHANAMTHITTA DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------- B.A.No.3036 of 2009 --------------------------------- Dated this the 25th day of June, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.500 of 2009 of Thiruvalla Police Station. 2. The offence alleged against the petitioner is under Section 394 read with Section 34 of the Indian Penal Code. 3. I have perused the case diary. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that anticipatory bail cannot be granted to the petitioner. The petitioner is not entitled to invoke the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed K.T.SANKARAN, JUDGE csl