IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6438 of 2011() ----------------------------- CRIME NO.1153/2010 IN CHATHANNOOR POLICE STATION PETITIONER/ACCUSED NO.5: -------------------------------- SUJITH, AGED 23, S/O. MOHANAN, SUJITH BHAVAN, RAJEEV GANDHI COLONY, MENAMPALLY KANNAM, CHATHANNOOR, KOLLAM. BY ADV. SRI.M.R.SASITH PANICKER RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHATHANOOR. PUBLIC PROSECUTOR: ADV.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6438 of 2011 ---------------------------------------------- Dated this the 26th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.5 in Crime No.1153 of 2010 of Chathannoor Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 323, 324, 367, 326, 120-B and 506(ii) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 27/09/2010, the accused persons attacked the de facto complainant with dangerous weapons which resulted in severe injuries on the de facto complainant including fracture of nasal bone. He was admitted in the hospital on 28/09/2010 and he was discharged only on 05/10/2010. 4. 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 Bail Appln.No.6438/2011 : 2 : 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