IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 Bail Appl..No. 8845 of 2011() ----------------------------- CRIME NO.1520/11 OF ATTINGAL POLICE STATION PETITIONER(S): ACCUSED --------------------------- SANTHOSH, AGED 36 YEARS, S/O SREEDHARAN NAIR, SANKARA NILAYAM, OORUPOIKA P.O, EDAKKODU VILLAGE, ATTINGAL. BY ADV. SRI.M.DINESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, ATTINGAL 695 001. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8845 of 2011 --------------------------- Dated this the 17th 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 petitioner is the accused in Crime No.1520 of 2011 of Attingal Police Station. 2. The offences alleged against the petitioner are under Sections 294(b) and 308 of the Indian Penal Code. 3. The prosecution case is that on 13.10.2011 at about 7.30 P.M., the accused attacked the de facto complainant with a knife. The de facto complainant sustained several cut injuries all over his body. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. 5. The allegations levelled against the petitioner are BA 8845/11 2 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 csl