IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 Bail Appl..No. 6643 of 2011() ----------------------------- CRIME NO.160/2011 OF MAVELIKARA POLICE STATION PETITIONER/ACCUSED NO.1: ----------------------------- ANU JAYARAJ @ ANU POPPY, AGED 24 YEARS, S/O.JAYARAJ JAMES, KUNNUPARAMBIL, UMBERNADU, KALLUMALA P.O., MAVELIKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT/COMPLAINANT: -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 26/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6643 of 2011 ---------------------------------------------- Dated this the 26th day of August, 2011 ORDER 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.160 of 2011 of Mavelikara Police Station, Alappuzha District. 2. The offences alleged against the petitioner are under Sections 323, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 09/03/2011 at 6 P.M., the accused attacked the de facto complainant with deadly weapon like chopper which resulted in the fracture of his right hand. The learned Counsel for the petitioner submitted that another incident took place at the scene of occurrence and Crime No.161 of 2011 was registered in which the de facto complainant in the present case is an accused. In Crime No.161 of 2011, the friend of the petitioner herein sustained serious injuries. It is stated that the incident took place in connection with a festival. Bail Appln.No.6643/2011 : 2 : 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the 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 skj