IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 Bail Appl..No. 5509 of 2011 CRIME NO.868 OF 2011 OF ATTINGAL PLLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER: ACCUSED: -------------------- JOHNY, S/O.MADHAVAN THREE-J-COTTAGE,KORANI, EDAKKODU PO, KIZHUVILAM, ATTINGAL. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: STATE: --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ATTINGAL REPRESENTED THROUGH THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM- 682 031. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5509 OF 2011 E ------------------------------------------------------ Dated this the 13th day of July, 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.868 of 2011 of Attingal Police Station, Thiruvananthapuram District. 2. The offence alleged against the petitioner is under Section 326 of the Indian Penal Code. 3. The prosecution case is that the petitioner hit the de facto complainant with a granite stone resulting in the fracture of the skull. The injury sustained by the de facto complainant is very serious in nature. In a case of this nature, anticipatory bail cannot be granted. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/