IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 1ST OCTOBER 2009 / 9TH ASWINA 1931 Bail Appl..No. 5514 of 2009() --------------------------------------- CRIME NO.190/2009 OF KADIRUR POLICE STATION, KANNUR .................... PETITIONER/ACCUSED NO.2: ------------------------------------------- AJEESH MANIYATH, S/O. VASU, AGED 30 YEARS, CHIRAMMAL HOUSE, P.O.PACHAPOIKA, THALASSERY TALUK. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT/COMPLAINANT: ------------------------------------------------ THE STATION HOUSE OFFICER KADIRUR POLICE STATION, KANNUR DIST., THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI. M.S. BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 5514 of 2009 ------------------------------------ Dated this the 1st 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 the second accused in Crime No. 190/2009 of Kadirur Police Station, Kannur. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 323, 324 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 10/8/2009, the accused persons attacked the defacto complainant, who was travelling in an Autorickshaw, on the premise that the defacto complainant is a worker of National Democratic Front. He sustained serious injuries. 4. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, I am of the view that 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