IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH MAY 2009 / 5TH JYAISHTA 1931 Bail Appl..No. 2438 of 2009() ----------------------------- CRIME NO.28/2009 OF CHERPU POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- JAYESH S/O. JANARDHANAN WARRIYER, AGED 29 YEARS, ARATTUPUZHA WARRIYEM HOUSE, ARATTUPUZHA P.O., THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTING SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/05/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ B.A.No.2438 of 2009 ------------------------------ Dated this the 26th day of May, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. 2. The petitioner, who is a police constable, is accused of having committed offences under sections 452, 323, 294(b) and Section 427 of Indian Penal Code in Crime No.28 of 2009 of Cherpu Police Station. 3. The prosecution case is that the petitioner trespassed into the Arattupuzha temple, damaged and destroyed the counter and the office of the Temple Protection Committee. His enmity was towards his brother who was working as a security guard in the temple. The petitioner is involved in Crime No.770 of 2008 of Cherpu Police Station for the offences under Sections 341 and 323 IPC read with Section 34 IPC. He is also an accused in Crime No.744 of 2008 of Cherpu Police Station. The application for anticipatory bail filed by the petitioner was dismissed by the learned Sessions Judge of Thrissur as per Annexure A1 order. BA No.2438/2009 2 4. In the facts and circumstances of the case and the antecedents of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl