IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Bail Appl..No. 5459 of 2011 CRIME NO.236 OF 2011 OF VALANCHERY POLICE STATION, MALAPPURAM DISTRICT. PETITIONER: ACCUSED --------------------------- ALI AKBAR, S/O.MOHAMMED, MACHINCHERY HOUSE, KARTHALA, VALANCHERY POLICE STATION LIMIT. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, VALANCHERY POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5459 OF 2011 F ------------------------------------------------------ Dated this the 14th day of July, 2011 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 in Crime No.236 of 2011 of Valanchery Police Station, Malappuram District. 2. The offence alleged against the petitioner is under Section 326 of the Indian Penal Code. 3. The prosecution case is that on 15.6.2011, the accused attacked the de facto complainant with a wooden stick and the de facto complainant sustained fracture of the shaft of right ulna. 4. The learned counsel for the petitioner submitted that the story put forward in the First Information Statement is not true. The counsel put forward the contention as to how, according to the accused, the incident took place. BAIL APPL. NO.5459 OF 2011 :: 2 :: 5. It is not necessary to decide in this Bail Application the rival contentions regarding the facts as to how the incident occurred. It can be decided only on the basis of the evidence on record. The de facto complainant has sustained fracture. The allegation is that the petitioner committed the offence. The case is under investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. The injuries sustained by the de facto complainant are grievous. 6. Taking into account the facts and circumstances of the case, the nature of the offence, the injury sustained and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/