IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Bail Appl..No. 5344 of 2011() ------------------------------------------ CRIME NO.653/2011 OF KOCHI CUSBA POLICE STATION, ERNAKULAM DISTRICT --------------------------- PETITIONER/2ND ACCUSED ------------------------------------------ SHAJI KUTTAN, AGED 34 YEARS, S/O.KUNJAPPAN, VALAYAMKANDATHIL HOUSE, PALLURUTHY, KOCHI-6. BY ADV. SRI.P.P.GENSON SMT.K.PRAMEELA RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KOCHI CUSBA POLICE STATION, PALLURUTHY THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts K.T.SANKARAN, J. --------------------------------- B.A. No.5344 OF 2011 --------------------------------- Dated this the 15th 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 2nd accused in Crime No.653 of 2011 of the Kochi Cusba Police Station. 2. The offences alleged against the petitioner are under Sections 323, 324, 326 and 307 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 3.4.2011, when the defacto complainant and others were bringing hollow bricks in a trolley, it hit against a bike on which the two of the accused were riding. There occurred an exchange of words. The accused persons left the place. The prosecution case is that thereafter, all the accused persons came together and attacked the defacto complainant and his friends with iron B.A. No.5344 OF 2011 2 rods resulting in fracture on temporal born of the friend of the defacto complainant. The injury sustained by the victim is grievous in nature. The allegations levelled against the accused are serious in nature. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. In a case of this nature, I am of the view that the anticipatory bail cannot be granted. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms