IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 Bail Appl..No. 8423 of 2011 CRIME NO.511 OF 2011 OF POZHIYOOR POLICE STATION, THIRUVANANTHAPURAM. PETITIONER :ACCUSED NO.1: --------------------------- SACHU, S/O. GANGADHARAN, SAJI VILASOM, PANACHITHARA, VLATHANKARA, MACHIYODU DESOM, CHENKAL VILLAGE, NEYYATTINKARA. BY ADV. SMT.R. VIJAYAKUMARI RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8423 OF 2011 ------------------------------------------------------ Dated this the 18th day of November, 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 accused No.1 in Crime No.511 of 2011 of Pozhiyoor Police Station, Thiruvananthapuram District. 2. The offences alleged against the accused are under Sections 341, 323, 294(b) and 308 read with section 34 of the Indian Penal Code. 3. The prosecution case is the following: On 9.9.2011 at 9 P.M., the defacto complainant was attacked by accused Nos.1 to 3. Accused No.1 assaulted the defacto complainant with a knife. The defacto complainant sustained several deep cut injuries. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. BAIL APPL. NO. 8423 OF 2011 :: 2 :: 5. The allegations levelled against the petitioner are serious 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 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 ahz/