IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST JANUARY 2010 / 1ST MAGHA 1931 Bail Appl..No. 5163 of 2009() ----------------------------- CRIME NO.407/2009 OF BALARAMAPURAM POLICE STATION PETITIONER/ACCUSED -------------------------------------- SATHYADAS @ CHANDRAN, AGED 40 YEARS, S/O.SATHYANESAN, CHANDRAMOHANAVILASAM, PANAYARAKUNNU, KATTACHALKUZHI P.O., BALARAMAPURAM, VENGANOOR VILLAGE. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING SUB INSPECTOR OF POLICE, BALARAMAPURAM POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5163 of 2009 --------------------------------------------- Dated this the 21st day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.407 of 2009 of Balaramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 326 of the Indian Penal Code. 3. The prosecution case is that on 8.8.2009, while the de facto complainant was going to the market, he was attacked by the accused with a spade which resulted in serious injuries. The treatment certificate shows that the de facto complainant had sustained fracture on his left scapula. 4. The injuries sustained by the de facto complainant are grievous in nature. 5. 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. If BA No.5163/2009 2 anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl