IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8660 of 2011 CRIME NO.307 OF 2011 OF ULIKKAL POLICE STATION, KANNUR. PETITIONER : ACCUSED NO.1 -------------------------------- JOSE PERALUMKAL, S/O. PAULOSE, AGED 35 YEARS, PERALUMKAL HOUSE, KUNDERI, PREATTA, VAYATHUR AMSOM, DESOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8660 OF 2011 ------------------------------------------------------ Dated this the 14th day of November, 2011 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.1 in Crime No.307 of 2011 of Ulikkal Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 12.9.2011 at 8.30 P.M., the accused persons attacked the defacto complainant with dangerous weapons, which resulted in the dislocation of the right shoulder of the defacto complainant. 4. The allegations levelled against the petitioner are serious in nature. The injuries sustained by the defacto complainant are grave. In the facts and circumstances of the case, I do not think that the BAIL APPL. NO.8660 OF 2011 :: 2 :: 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 ahz/