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. 5590 of 2011 -------------------------------------- [CRIME NO.231/11 OF MANJESWAR POLICE STATION– KASARAGOD DISTRICT] ............. PETITIONER/ACCUSED NO.1: ------------------------------------------ ISUBU ZEEYAD @ ZIYAD @ ZIYA, AGED 23 YEARS, S/O.BADUVAN KUNHI,AMBIKANA HOUSE, PAIVALIKE, KASARAGOD DISTRICT. BY ADV. SRI.DEVAPRASANTH.P.J. RESPONDENT/COMPLAINANT: --------------------------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, REPRESENTING S.I.OF POLICE-MANJESWAR POLICE STATION-KASARAGOD DISTRICT, PIN – 682 031. BY PUBLIC PROSECUTOR SRI. V. MANU. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. K.T.SANKARAN, J. --------------------------------- B.A. No.5590 OF 2011 --------------------------------- Dated this the 14th 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 1st accused in Crime No.231 of 2011 of the Manjeswar Police Station. 2. The offences alleged against the petitioner are under Sections 452, 324, 308 and 427 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 16.3.2011 at 11.40 P.M, the accused persons went to the house of the defacto complainant in an Innova car, armed with deadly weapons like sword and other weapons. It is alleged that they attacked the defacto complainant with the sword. The defacto complainant tried to prevent the attack and in that process he sustained incised wound over his right palm. He also B.A. No.5590 OF 2011 2 sustained another incised wound on the left leg. It is also alleged that the accused persons broke the glass panes of the house of the defacto complainant, causing a loss of `8,000/- (Rupees eight thousand only). 4. The offences alleged against the petitioner and the other accused are grave in nature. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. It is likely that the petitioner may indulge in activities to intimidate/influence the witnesses and tamper with evidence. In a case of this nature, discretion of the court cannot be exercised to grant anticipatory bail to the accused. For the aforesaid reasons, the Bail Application is, dismissed. K.T.SANKARAN, JUDGE. cms