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. 9311 of 2011() ----------------------------- CRIME NO.1248/2011 OF OACHIRA POLICE STATION KOLLAM PETITIONER: --------------------- SHUBIN,S/O.THULASEEDHARAN,SHINE VILLA, MADATHIL KARAIMA,OACHIRA, KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: --------------- STATE OF KERALA,REPRESENTED BY SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV 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.9311 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 accused No.1 in Crime No.1248 of 2011 of Oachira Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 447, 435, 511 of 436 and 153-A of the Indian Penal Code. 3. The prosecution case is that certain disputes arose between two groups of S.N.D.P.Union, which resulted in a prohibitory order being issued by the District Magistrate under Section 144 of the Code of Criminal Procedure. The allegation is that violating the prohibitory order, the accused persons trespassed into the house of the defacto complainant B.A.No. 9311 OF 2011 2 and destroyed the window panes and set fire to a car in the courtyard of the house. It is alleged that the defacto complainant sustained a loss of `1,00,000/-. 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