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. 8641 of 2011 CRIME NO.973 OF 2011 OF KOTHAMANGALAM POLICE STATION, ERNAKULAM. PETITIONERS/ACCUSED 1 TO 4 ---------------------------------------------- 1. PRAKASH.P.A., S/O.AYYAPPAN, AGED 40 YEARS, RESIDING AT PUNATHIKUDI, THRIKKARIYOOR, KOTHAMANGALAM. 2. SASI.P.A., S/O.AYYAPPAN, AGED 45 YEARS,RESIDING AT PUNATHIKUDI, THRIKKARIYOOR, KOTHAMANGALAM. 3. JAYAN.P.A., S/O.AYYAPPAN, AGED 34 YEARS, RESIDING AT PUNATHIKUDI, THRIKKARIYOOR, KOTHAMANGALAM. 4. RAMESAN.P.A., S/O.AYYAPPAN, AGED 43 YEARS, RESIDING AT PUNATHIKUDI, THRIKKARIYOOR, KOTHAMANGALAM. BY ADV. SRI.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENT: COMPLAINANT-STATE -------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV 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. 8641 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 petitioners are accused Nos.1 to 4 in Crime No.973 of 2011 of Kothamangalam Police Station, Ernakulam District. 2. The offences alleged against the petitioners are under Sections 294(b), 325, 326 and 506(ii) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 28.8.2011 at about 8 P.M., the accused persons attacked the defacto complainant, his wife, two children and a neighbour. The defacto complainant sustained fracture of the 7th, 8th and 9th ribs of the left side. He was taken to the Medical College Hospital, on reference. 4. The learned counsel for the petitioners submitted that Crime No.972 of 2011 was registered against the defacto BAIL APPL. NO. 8641 OF 2011 :: 2 :: complainant in the present case and seven others for the offences punishable under Sections 143, 147, 447, 323 and 427 read with Section 149 of the Indian Penal Code and as a counter-blast, the present crime was registered. 4. The allegations levelled against the petitioners 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 petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, 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/