IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5476 of 2009()
1. ANILKUMAR, AGED 35 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.P.VIJAYA BHANU
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/09/2009
O R D E R
K.T. SANKARAN, J.
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B.A. No. 5476 of 2009
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Dated this the 30th day of September, 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 accused No.1 in Crime No.419/2009 of
Vadakkanchery Police Station.
2. The offences alleged against the petitioner are
under Sections 143, 147, 323, 324 and 326 read with
Section 149 of the Indian Penal Code.
3. The date of occurrence was on 13.08.2009. The
defacto complainant and the petitioner are relatives. It is
submitted that there is a dispute regarding pathway
between the parities. The learned counsel for the petitioner
submitted that on the application submitted by the
petitioner, suvery officials came to inspect the property in
dispute. It is also submitted by the learned counsel for the
petitioner that the petitioner’s sister was attacked by the
defacto complainant and Crime No. 420 of 2009 was
registered against him.
B.A. No. 5476 of 2009 2
4. The Bail Application is seriously opposed by the
learned Public Prosecutor. The wound certificate would
disclose that the defacto complainant sustained several
injuries including the injuries on the head. The allegation is
that the first accused attacked him with an iron rod.
5 Taking into account the facts and circumstances
of the case and the injuries sustained by the defacto
complainant, I am not inclined to grant Anticipatory Bail to
the petitioner. To my mind, 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
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