IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 Bail Appl..No. 1433 of 2010() ----------------------------- CRIME NO.810/09 OF KALADY POLICE STATION PETITIONER (S): ACCUSED --------------------------- NAZAR A.B. , AANJIKATTU HOUSE, SREEMOOLANAGARAM PO, KAIPRA, ALUVA, ERNAKULAM DISTRICT. BY ADV. SRI.P.S.ABDUL KAREEM RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.1433 of 2010 --------------------------------------------- Dated this the 29th day of March, 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 sole accused in Crime No.810 of 2009 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 9.8.2009, while the de facto complainant was riding on a motor bike, he was intercepted by the accused, who is none other than the son of the paternal uncle of the de facto complainant. It is alleged that the accused stabbed the de facto complainant on his abdomen and face. The de facto complainant sustained injuries. The wound certificate shows incised wounds on the right eye lid and also on the abdomen of the de facto complainant. Apart from those injuries, there was fracture of right side nasal bone of the de facto complainant. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries BA No.1433/2010 2 sustained and other circumstances, I do not think that the petitioner is entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. 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 csl