IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 7556 of 2011() ----------------------------- CRIME NO.956 OF 2011 OF KADAKKAL POLICE STATION, KOLLAM DT. PETITIONER ------------------------------ VIJAYAN PILLAI, S/O.BALAN PILLAI, PADMA VILASOM, (CHEMPILAZHIKOM)KUTTIKKADU, KADAKKAL VILLAGE, KOLLAM DISTRICT BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT(S): --------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE, KADAKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY P.P.SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 7556 OF 2011 --------------------------------- Dated this the 29th day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the sole accused in Crime No.956 of 2011 of Kadakkal Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 452, 324, 326 and 506(ii) of the Indian Penal Code. 3. The prosecution case is that on 12.8.2011 at 2.45 PM, the defacto complainant, a head load worker was attacked by the petitioner with a chopper, resulting in serious injuries caused to the defacto complainant. The wound certificate discloses that the defacto complainant sustained a sickle shaped wound of the size 7 x 5 x 2 cm over the skull bone, exposing bone on right side of the forehead. The victim B.A.No.7556 OF 2011 2 was referred to the Medical College, Thiruvananthapuram and he underwent treatment in that hospital. 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. 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 cms