IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND AUGUST 2011 / 11TH SRAVANA 1933 Bail Appl..No. 6063 of 2011() ----------------------------- CRIME No.250 OF 2011 OF ADIMALI POLICE STATION, IDUKKI ----------------------- PETITIONER/2ND ACCUSED :- ------------------------------------------ SURESH.V.S., R/AT POTHAKKALLIYIL HOUSE, CHINNAPPARAKKUDY, ADIMALI, IDUKKI. BY ADV. SRI.S.JIJI RESPONDENT(S)/STATE :- ------------------------------------ STATE OF KERALA, REP.BY S.H.O. ADIMALY POLICE STATION, IDUKKI DISTRICT, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.TEK CHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt K.T.SANKARAN, J. --------------------------------- B.A. No.6063 OF 2011 --------------------------------- Dated this the 2nd day of August, 2011 ORDER 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.250 of 2011 of the Adimali Police Station, Idukki District. 2. The offence alleged against the petitioner is under Section 436 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 19.2.2011 at 11 P.M, the accused persons set fire to the residential house of the defacto complainant, which was a thatched house. The defacto complainant alleged that accused No.1 demanded to the brother of the husband of the defacto complainant to stand as surety for accused No.1 in a forest offence. He refused the demand. Due to that enmity, it is alleged that the offence was committed. B.A. No.6063 OF 2011 2 4. The allegations levelled against the accused are grave in nature. In a case of this nature, I do not think that the petitioner is entitled to a discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms