IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Bail Appl..No. 9658 of 2011() ----------------------------- CRIME NO.1109/2011 OF KALADY POLICE STATION PETITIONER : ACCUSED : ----------------------------------- MARTIN S/O.JOSEPH, 30 YEARS,ELAVUMKUDY HOUSE, ANAPARA P.O.,THURAVOOR VILLAGE, ALUVA TALUK, ERNAKULAM DIST BY ADV. SRI.A.C.DEVY RESPONDENT: --------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9658 of 2011 ---------------------------------------------- Dated this the 14th day of December, 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.1109 of 2011 of Kalady Police Station. 2. The offence alleged against the petitioner is under Section 308 of the Indian Penal Code. 3. The prosecution case is that on 22/10/2011 at 5.30 P.M., the accused attacked the de facto complainant with an iron rod which resulted in serious injuries to the de facto complainant. He was admitted in the Medical Trust Hospital. He was in the Intensive Care Unit. The learned Public Prosecutor submitted that the de facto complainant sustained injury on his forehead and that wound was sutured by applying ten sutures. The de facto complainant sustained other injuries as well. The reason for the assault was that he questioned the accused as to why he was teasing the daughter of the de facto complainant. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, Bail Appln.No.9658/2011 : 2 : 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 skj