IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 6TH JULY 2011 / 15TH ASHADHA 1933 Bail Appl..No. 5207 of 2011() ----------------------------- CRIME NO.580/2011 OF KANNUR TOWN POLICE STATION PETITIONER: ACCUSED -------------------- SUHAIL, S/O. LATE MUHAMMED SYED, AGED 44 YEARS, RESIDING AT SUMI HOUSE, P.O. THANA, KANNUR - 12. BY ADV. SRI.T.MANOJ KUMAR RESPONDENTS: COMPLAINANT -------------------------- 1. S.H.O KANNUR POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 06/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.5207 of 2011 ----------------------------------------------------- Dated this the 06th day of July, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.580 of 2011 of the Kannur Town Police Station. 2. The offences alleged against the petitioner are under Sections 451, 323 & 326 of the Indian Penal Code. 3. The prosecution case is that on 23/05/2011 at midnight the accused criminally trespassed into the flat where the de facto complainant was residing and attacked him with wooden stick which resulted in fracture of the nasal bone of the de facto complainant. 4. The learned counsel for the petitioner submitted that the accused sustained injuries and he was treated at the A.K.G. Memorial Co-operative Hospital on 23/05/2011 itself. The injuries noted in Annexure A-1 discharge summary is scalp injury. He was discharged on 24/05/2011. The petitioner has no case that he reported the matter to the police. After having heard the learned counsel for the Bail Appln.No.5207/2011 : 2 : petitioner and the learned Public Prosecutor, I do not think this is a fit case where anticipatory bail can be granted. The de facto complainant sustained grievous hurt. If anticipatory bail is granted to 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 skj