IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 Bail Appl..No. 1641 of 2010 CRIME NO.80 OF 2009 OF MAVELIKKARA POLICE STATION, ALAPPUZHA PETITIONER/3RD ACCUSED ------------------------------------------ SHIBU, S/O.XAVIER, KAIPPALLIL HOUSE, KANNAMANGALAM SOUTH, KANNAMANGALAM VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENTS: COMPLAINANTS --------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, MAVELIKKARA POLICE STATION. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 1641 OF 2010 ------------------------------------------------------ Dated this the 18th 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 accused No.2 in Crime No.80 of 2009 of Mavelikkara Police Station, Alappuzha District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 452, 326 and 307 read with Section 149 of the Indian Penal Code. 3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the case diary also. The injuries sustained by the de facto complainant are serious in nature. Dangerous weapons of offence were allegedly used by the accused for commission of the offence. 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can B.A. NO. 1641 OF 2010 :: 2 :: be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. 5. The learned counsel for the petitioner submitted that the wedding of the petitioner is scheduled to be held on 22.3.2010 and that if the petitioner were to be arrested before his marriage, he would be put to irreparable injury, great hardship and untold misery. 6. In the facts and circumstances, the learned Public Prosecutor submitted that the petitioner will not be arrested in connection with the crime till 31.3.2010. This submission is recorded. The Bail Application is dismissed subject to the above condition. (K.T.SANKARAN) Judge ahz/