IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 Bail Appl..No. 7237 of 2009 CRIME NO.848 OF 2009 OF THE CHATHANNOOR POLICE STATION, KOLLAM PETITIONER : ACCUSED NO.3 -------------------------------- GOPU @ JITHIN, AGED 19 YEARS, S/O. GOPI, THADATHIL VEEDU, MUTTAKKAVU CHERRY, NEDUMPANA.P.O, NEDUMPANA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7237 OF 2009 ------------------------------------------------------ Dated this the 10th day of December, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.848 of 2009 of Chathannoor Police Station, Kollam District. 2. The offences alleged against the petitioner and the other accused are under Sections 447, 294(b), 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 8.11.2009, the accused persons attacked the de facto complainant and fisted on his face resulting in the loss of his two teeth. The prosecution case is that when the accused persons were beating another man, the de facto complainant asked as to why he was being beaten by the accused persons. On account of this, the accused persons attacked the de facto complainant resulting in the aforesaid injuries. B.A. NO. 7237 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The petitioner is not entitled to any relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted, it would affect the proper investigation of the case. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/