IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 Bail Appl..No. 1775 of 2010() ----------------------------------------- CRIME NO.80/2010 OF AMBALATHARA POLICE STATION, KASARAGOD. PETITIONER/ACCUSED: --------------------------------------- JOHNY MATHEW, S/O.MATHAI, AGED 52, EDAPALKKIL HOUSE, ANAPPETTI, THAYANUR VILLAGE, KASARAGOD DISTRICT. BY ADV. SMT.T.SUDHAMANI RESPONDENT/COMPLAINANT: ----------------------------------------------- STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SRI.TEKCHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 30/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1775 of 2010 ------------------------------------ Dated this the 30th 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 the accused in Crime No.80/2010 of Ambalathara Police Station, Kasaragod. 2. The offences alleged against the petitioner are under Sections 326 and 506(i) of the Indian Penal Code. 3. The prosecution case is that on 10/3/2010, the de facto complainant and his wife was attacked by the accused with stone. The de facto complainant sustained fracture of nasal bone. The wound certificate also shows incised wound on the right wrist of the de facto complainant. 4. The learned counsel for the petitioner submitted that the petitioner also sustained injuries and Crime No.81/2010 was registered against the de facto complainant in the present case and his brother, for the offences under Sections 323 and 324 of the Indian Penal Code. 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and other B.A. No. 1775 /2010 2 circumstances, I do not think that the petitioner is entitled to get anticipatory bail. The offence alleged the petitioner is grave in nature. The de facto complainant has sustained fracture and other injuries. If anticipatory bail is granted to the petitioner, it would adversely affect the smooth and proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE scm