IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6450 of 2009()
1. NIRDHA, AGED 29 YEARS,
... Petitioner
2. SHAJI, AGED 32 YEARS,
3. NOUSHAD, AGED 28 YEARS,
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SMT.A.SALINI LAL
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :09/11/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 6450 of 2009
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Dated this the 9th day of November, 2009
O R D E R
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure. The petitioners are accused
Nos. 1 to 3 in Crime No. 783/2009 of Kayamkulam Police Station.
2. The offence alleged against the petitioners is under
Section 394 read with Section 34 of the Indian Penal Code.
3. The prosecution case is that while the defacto
complainant came out of a bar hotel, the accused persons
assaulted him and robbed a gold bracelet, gold chain and Rs.
1500/- from the defacto complainant.
4. The learned counsel for the petitioner submitted that there
is nothing to connect the petitioners with the offence and that the
case was foisted against them. Prima facie, I am not inclined to
accept this contention.
5. The learned Public Prosecutor submitted that the first
accused is involved in eight other criminal cases including offence
under Section 394 of the Indian Penal Code.
B.A. No. 6450 of 2009 2
4. Taking into account the facts and circumstances of the
case, the nature and gravity of the offence and allegations levelled
against the petitioners, I am of the view that the petitioners are
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
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