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. 6180 of 2011() ----------------------------- CRMP.1944/2011 of D.C. & SESSIONS COURT,KOLLAM CRIME NO.1074 OF 2011 OF KUNDARA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- 1. SASI MOHAN,AGED 50 YEARS, S/O.KUNJURAMAN PILLAI,SARATH NIVAS,PERUMPUZHA.P.O, KOLLAM,PIN-691504. 2. SAJITH.S.R,AGED 22 YEARS,S/O.SASI MAHAN, SARATH NIVAS,PERUMPUZHA.P.O,PIN-691504. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE,KUNDARA,KOLLAM. 2. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM, KOCHI-31. 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.6180 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 Petitioners are accused Nos.1 and 2 in Crime No.1074 of 2011 of the Kundara Police Station, Kollam District. 2. The offences alleged against the petitioners are under Sections 323 and 326 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 24.6.2011 at 10.15 P.M, the accused persons attacked the defacto complainant with a crowbar, which resulted in multiple fracture on the left tibia of the defacto complainant. 4. The defacto complainant sustained grievous hurt. Serious allegations are made against the petitioners. If B.A. No.6180 OF 2011 2 anticipatory bail is granted to the petitioners, it would adversely affect the proper and smooth investigation of the case. In a case of this nature, I do not think that the discretionary relief under Section 438 of the Code of Criminal Procedure can be granted to the petitioners. For the aforesaid reason, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms