IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2773 of 2009()
1. RATHEESH, S/O.VIJAYAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.NAGARAJ NARAYANAN
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :04/06/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 2773 of 2009
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Dated this the 4th day of June, 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 No.6 in Crime No.83/2009 of Koratty Police Station.
2. The offences alleged against the petitioner are
under Sections 120-B and 395 read with Section 34 of the
Indian Penal Code.
3. The prosecution case is that the accused persons
came on two motor bikes and intercepted the motor cycle
driven by the defacto complainant, who is a jewellery owner
and forcibly took possession of the motor bike driven by the
defacto complainant and escaped. The defacto complainant
sustained injuries. According to prosecution, the defacto
complainant was attacked under the wrong impression on the
part of the accused that the former would be having jewellery
and money with him.
4. Taking into account the facts and circumstances of
B.A. No. 2773/2009
2
the case, I do not think this is a fit case where anticipatory bail
can be granted to the petitioner.
The Bail Application is accordingly dismissed.
K.T. SANKARAN, JUDGE
scm