IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH OCTOBER 2009 / 5TH KARTHIKA 1931 Bail Appl..No. 6193 of 2009() -------------------------------------------- CRIME NO.625/2009 OF ANTHIKKAD POLICE STATION, THRISSUR. PETITIONER/ACCUSED: --------------------------------------- SAJEEVAN, S/O.RAGHAVAN MENOTHPARAMBIL HOUSE, MANAKKODY VILLAGE, DESOM, THRISSUR. BY ADV. SRI.V.BINOY RAM RESPONDENT/COMPLAINANT: ------------------------------------------ STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. SRI. V. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 6193 of 2009 ------------------------------------ Dated this the 27th day of October, 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.2 in Crime No.625/2009 of Anthikkad Police Station, Thrissur. 2. The offence alleged against the petitioner is under Section 306 read with Section 34 of the Indian Penal Code. 3. The deceased is the paternal uncle of the petitioner. He committed suicide. He has written a detailed suicidal note, in which he has clearly stated the various incidents and how the criminal acts of accused 1 and 2 led the deceased to commit suicide. The deceased is aged more than 70 years. He has stated in the note that he was beaten up by the second accused, who is none other than the son of the brother of the deceased. 4. Taking into account the facts and circumstances of the case, I am not satisfied that this is a fit case where anticipatory bail can be granted to the petitioner. The B.A. No. 6193/2009 2 petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the smooth investigation of the case. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm