IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 Bail Appl..No. 4463 of 2009() ------------------------------------------ CRMP.2402/2009 of DISTRICT COURT, KASARAGOD CR. NO.494/2009 OF KASARAGOD POLICE STATION. .................... PETITIONER/ACCUSED: -------------------------------------- ZAHIR ABBAS C.L, AGED 27 YEARS, S/O. LATE ABDUL RAHMAN, LEZIATH HOUSE, CHEMMANAD,KASARGOD. BY ADV. SRI.M.SASINDRAN SRI.K.P.HARISH RESPONDENTS/COMPLAINANT AND STATE: --------------------------------------------------------------- 1. STATE-REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, (CR. NO. 494 OF 2009 OF KASARGOD POLICE STATION) KASARGOD DISTRICT. SRI. TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 4463 of 2009 ------------------------------------ Dated this the 12th day of August, 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 the accused in Cr. No.494/2009 of Kasaragaod Police Station. 2. The offence alleged against the petitioner is under Section 326 of the Indian Penal Code. 3. I have perused the Case Diary and wound certificate. The defacto complainant has sustained grievous injuries. 4. The learned counsel for the petitioner submitted that the defacto complainant had sustained a motor accident and he was admitted originally in the Malik Dinar Hospital, Kasaragod. Later, he was admitted in the Carewell Hospital, Kasaragod, where he has put forwarded a story that he was attacked with an iron rod by the accused. According to the petitioner, it is a clear case foisted against him. On a perusal of records, prima facie, I am not inclined to accept the B.A. No. 4463 /2009 Page numbers contentions forwarded by the petitioner. It cannot be assumed that the case is a foisted one against the petitioner. The materials on record prima facie indicate the complicity of the petitioner. 5. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted 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 scm