IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Bail Appl..No. 6181 of 2011() ------------------------- CRMP.2093/2011 of DISTRICT COURT, PALAKKAD CRIME NO.174/2011 OF COYALMANNAM POLICE STATION PALAKKAD DISTRICT .................... PETITIONER/ACCUSED A-1 ----------------------- SUBASH, AGED 34 YEARS, S/O.APPUKUTTAN, UDAYAPADAM HOUSE, KARINGARAPULLY,PALAKKAD. BY ADV. SRI.K.ANAND SRI.JOSWIN THAMBI KUNNATH RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, COYALMANNAM POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6181 of 2011 ---------------------------------------------- Dated this the 17th 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.1 in Crime No.174 of 2011 of Coyalmannam Police Station, Palakkad District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 324 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following:- On 02/05/2011, the accused persons caused trouble in a hotel. The victim who came to the hotel asked them as to why they were causing trouble. At that time, the victim was pulled out by the accused from the hotel and he was beaten black and blue with firewood. The following injuries were sustained by the victim:- “. Multiple fractures as mentioned above involving left maxilla, left frontal bone, lateral wad of left orbit, left zygomatic bone with surrounding soft tissue oedema, left maxillary and ethmoid haemosinus. Bail Appln.No.6181/2011 : 2 : . Right temporal haemorehagic contusion and minimal subarachnoid haemorrhage. . Bilateral diffuse effacement of cortical sulci suggest cerebral oedema. . Subdural air pockets left frontal and right temporal.” 4. The injuries sustained by the victim are very grevious in nature. The allegations levelled against the accused would indicate that without any rhyme or reason, the accused attacked the victim causing serious injuries. 5. 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 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