IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Bail Appl..No. 7290 of 2011 CRIME NO.1998 OF 2011 OF KARUNAGAPPALLY POLICE STATION, KOLLAM. PETITIONER : 1ST ACCUSED ------------------------------- NOUFAL, S/O.SHAJAHAN, KULATHINTETHEKKATHIL, MUZHANGODI, THODIYOOR P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.T.GOPALAKRISHNAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POILICE, KARUNAGAPPALLY, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 7290 OF 2011 ------------------------------------------------------ Dated this the 7th day of September, 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 accused No.1 in Crime No.1998 of 2011 of Karunagappally Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 323 and 307 read with Section 34 of the Indian Penal Code. 3. The date of of occurrence was on 14.8.2011. It is alleged that on that day, while the de facto complainant was coming on a bicycle, he was intercepted by the accused persons and the de facto complainant was beaten by the first accused with iron rod. The other accused also attacked the de facto complainant and caused injuries. BAIL APPL. NO.7290 OF 2011 :: 2 :: 4. Learned Public Prosecutor submitted that communal clashes were going on in and around the place of occurrence and several crimes were registered. Police patrolling was almost a regular affair in that area. 5. The offence alleged against the petitioner and others is grave in nature. The de facto complainant sustained injury on his forehead. The incident took place as a part of the communal clashes between two communities at Karunagappally. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. It would also affect the peace and tranquility in the area. Any order in favour of one group and against the other would cause further communal tension in the area. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/