IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 Bail Appl..No. 7714 of 2011() ----------------------------- CRIME NO.756/2011 OF PEECHI POLICE STATION PETITIONER/ACCUSED : --------------------- PHILIPOSE, AGED 45, S/O.YOHANNAN, THEKKAN HOUSE, PEECHI VILLAGE, VILANGANNUR, THRISSUR DISTRICT. BY ADV. SRI.C.A.ANOOP RESPONDENTS: STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PEECHI POLICE STATION, PEECHI-680653. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------------- Bail Appln.No.7714 of 2011 ----------------------------------------------------- Dated this the 08th day of November, 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.756 of 2011 of Peechi Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is the following:- On 18/08/2011 at about 6.30 P.M., while the de facto complainant was standing near the shop of the petitioner and talking about the illegal sale of alcoholic drinks under the guise of 'Arishtam' in the shop of the petitioner, the petitioner came outside the shop and attacked the de facto complainant with a knife. The de facto complainant sustained two incised wounds. 4. The allegations levelled against the petitioner are grave in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the discretionary relief under Section 438 of the Code of Criminal Bail Appln.No.7714/2011 : 2 : Procedure. 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 skj True copy P.A. to Judge