IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 Bail Appl..No. 5733 of 2011 CRIME NO.254 OF 2011 OF NEDUPUZHA POLICE STATION, THRISSUR DISTRICT PETITIONERS/ACCUSED --------------------------------------- MOHAMMED YOUSEF,AGED 27 YEARS, S/O.ABDUL RASHEED,CHILLIYIL HOUSE, MUDUVAMMEL,KOCHANNUR PO, VIA VADAKKEKKAD, THRISSUR DISTRICT. BY ADV. SRI.S.NIRMAL KUMAR RESPONDENT: COMPLAINANT: --------------- STATE,REP.BY THE SUB INSPECTOR OF POLICE NEDUPUZHA POLICE STATION,(CRIME NO.254/2011) REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5733 OF 2011 ------------------------------------------------------ Dated this the 29th 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.254 of 2011 of Nedupuzha Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 452 and 326 of the Indian Penal Code. 3. The prosecution case is that on 29.3.2011, the petitioner went to the house of the de facto complainant. The de facto complainant invited the petitioner to his house. At that time, the de facto complainant was caught hold of by the accused and fisted with a punching block. The de facto complainant fell down. It is alleged that the accused kicked him. The de facto complainant was admitted in the hospital on the same date. The wound certificate discloses that the de facto complainant had sustained fracture of his 8th rib. BAIL APPL. NO.5733 OF 2011 :: 2 :: 4. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get discretionary relief under Section 438 of the Code of Criminal Procedure. The de facto complainant aged 70 years, has sustained grievous hurt. The matter requires investigation. Custodial interrogation of the petitioner may be required in the case. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/