IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 Bail Appl..No. 7204 of 2011() ----------------------------- CRIME NO.48/2010 OF EDACHERRY POLICE STATION KOZHIKODE DISTRICT PETITIONER : ACCUSED : ------------------------ RAJEEVAN S/O.POKKAN, MALAYIL VEEUD,KARITHAPPALLY, VADAKARA P.O BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM 2. THE SUB INSPECTOR OF POLICE, EDACHERY POLICE STATION, EDACHERRY, KOZHIKODE(RURAL)DISTRICT-673502 PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 07/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.7204 of 2011 ---------------------------------------------- Dated this the 07th day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.3 in Crime No.48 of 2010 of Edacherry Police Station, Kozhikode District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 341, 323, 324, 308 and 427 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is the following:- On 18/03/2010 at about 6 A.M., while the de facto complainant was driving his auto rickshaw, the accused persons came in a jeep, intercepted the auto rickshaw and attacked the de facto complainant with iron rods. The accused hurled country bombs and created terror. The de facto complainant ran away. He was chased by the accused persons and he was beaten by them with dangerous weapons like iron rods. While the de facto complainant was running, the accused persons hurled bombs against him. Bail Appln.No.7204/2011 : 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