IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Bail Appl..No. 5988 of 2011() ----------------------------- CRIME NO.1253/2011 OF KOTTARAKARA POLICE STATION PETITIONER/ACCUSED -------------------------------------- RAJEEV, S/O. SINKARAJAN, CHARUVILA VEEDU, PANAVELI MURI, VETTIKAVALA, KOTTARKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.5988 OF 2011 --------------------------------- Dated this the 3rd day of August, 2011 ORDER 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.1253 of 2011 of the Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 452, 294 (b) and 308 of the Indian Penal Code. 3. The prosecution case is that on 25.6.2011 at 8 P.M, the petitioner trespassed into the house of the defacto complainant and attacked him with a chopper. It is alleged that the defacto complainant sustained cut injuries on the left side of his neck. 4. The allegations levelled against the petitioner are B.A. No.5988 OF 2011 2 serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. If anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. For the aforesaid reason, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms