IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 Bail Appl..No. 5697 of 2009 CRIME NO.509 OF 2009 OF THALIPARAMBA POLICE STATION, KANNUR DISTRICT PETITIONER/ACCUSED -------------------------------------- PRABHAKARAN,AGED 42 YEARS, S/O. DHAMODHARAN, PARAKKAL HOUSE, KOOVERI AMSOM, MANGARA, CHAPPARAPADAVU, KANNUR. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH RESPONDENT: STATE & COMPLAINANT ---------------------------------- THE STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLCIE, THALIPARAMBA POLICE STATION,KANNUR (THROUGH PUBLIC PROSECUTOR OF HIGH COURT OF KERALA, ERNAKULAM) PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5697 OF 2009 ------------------------------------------------------ Dated this the 28th day of January, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.509 of 2009 of Thaliparamba Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 321, 323, 324 and 326 of the Indian Penal Code. 3. The de facto complainant is the brother-in-law of the petitioner. The allegation is that on 27.8.2009, the petitioner attacked the de facto complainant with a chopper and caused grievous injuries on him. 4. I have perused the case diary file and the wound certificate. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations B.A. NO. 5697 OF 2009 :: 2 :: levelled against the petitioner, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. 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 investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/