Johny A.K. vs The State Of Kerala on 16 September, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 5160 of 2009()


1. JOHNY A.K., AGED 40 YEARS, S/O. KORA,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REP.BY
                       ...       Respondent

                For Petitioner  :SRI.A.T.ANILKUMAR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :16/09/2009

 O R D E R
                         K.T.SANKARAN, J.
            ------------------------------------------------------
                      B.A. NO. 5160 OF 2009
            ------------------------------------------------------
           Dated this the 16th 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.4 in

Crime No.1573 of 2009 of Perumbavoor Police Station.

2. The offence alleged against the accused persons is under

Section 377 read with Section 34 of the Indian Penal Code.

3. The victim is a school boy. He was subjected to the

offence on several occasions. I have gone through the case diary.

4. Taking into account the facts and circumstances of the

case, 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

ahz/