IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 Bail Appl..No. 6943 of 2009 CRIME NO.1108 OF 2009 OF KUNDARA POLICE STATION PETITIONER/ACCUSED NO.7: --------------------------------------------- PAVI SANKER, AGED 20 YEARS, S/O.VIKRAMAN PILLAI, PUTHUMANA THEKKATHIL, CHAVARA, KOLLAM. BY ADV. SRI.DILEEP P.PILLAI SRI.A.V.MIDHUN RESPONDENT: COMPLAINANT; --------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 6943 OF 2009 ------------------------------------------------------ Dated this the 30th 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 seventh accused in Crime No.1108 of 2009 of Kundara Police Station. 2. The offences alleged against the petitioner are under Sections 143, 144, 147, 148, 323, 324, 452, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that the accused persons attacked the de facto complainant's father-in-law with iron rods. He sustained fracture on both the bones of his left leg. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injury sustained and the allegations levelled against the petitioner, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to B.A. NO.6943 OF 2009 :: 2 :: the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/