IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 6645 of 2009()
1. ADARSH,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :16/11/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 6645 OF 2009
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Dated this the 16th 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 petitioner is the third accused
in Crime No.509 of 2009 of Anchal Police Station.
2. The offences alleged against the petitioner and the other
accused are under Sections 323, 326 and 354 read with Section 34
of the Indian Penal Code.
3. The gist of the prosecution case is as follows: On
3.10.2009, the accused persons attacked the de facto complainant
with a stone, which resulted in the loss of his tooth. It is also alleged
that the accused persons manhandled the de facto complainant’s
daughter. It is alleged by the de facto complainant that his daughter
was being teased by the accused persons. The de facto
complainant questioned the same. The alleged incident took place
as a result of the earlier incident of the de facto complainant
questioning the accused.
B.A. NO. 6645 OF 2009
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4. Taking into account the facts and circumstances of the
case, the nature of the offence, the injury sustained and the
allegations levelled against the petitioner, 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
ahz/