IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 Bail Appl..No. 4762 of 2009 CRIME NO.1189 OF 2008 OF IRINJALAKUDA POLICE STATION PETITIONER/3RD ACCUSED ------------------------------------------ SALEESH KANNAN AGED 23 YEARS, S/O. MOHANAN, PARAPPURATH HOUSE, MURIYAD.P.O., THRISSUR. BY ADV. SRI.RAJESH CHAKYAT RESPONDENT: COMPLAINANT -------------------------- THE UB INSPECTOR OF POLICE, IRINJALAKUDA THRISSUR DIST. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4762 OF 2009 ------------------------------------------------------ Dated this the 7th September, 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.3 in Crime No.1189 of 2008 of the Irinjalakuda Police Station. 2. The offence alleged against the petitioner is under Sections 4 and 5 of the Explosive Substances Act. 3. Country bombs were recovered from the house of accused Nos.1 and 2. The prosecution case is that the petitioner is also involved in the offence. It is also submitted by the learned Public Prosecutor that all the accused persons are involved in several other cases. It is further submitted that the petitioner is included in the rowdy list of the police station. 4. Taking into account the facts and circumstances of the case and the fact that the petitioner is involved in several other B.A. NO. 4762 OF 2009 :: 2 :: cases, I am not inclined to grant anticipatory bail to the petitioner. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/