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. 8678 of 2011 CRIME NO.444 OF 2011 OF MARANALLOOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. PETITIONER: ACCUSED: --------------------------- ANIL KUMAR,S/O.GOPI PANICKER, CHITHRA BHAVAN, KOTTAMUKAL, OORUTTAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.R.SARIN RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8678 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.444 of 2011 of Maranalloor Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 323, 326, 294(b) and 308 of the Indian Penal Code. 3. The prosecution case is that on 2.10.2011 at 2 P.M., the accused attacked the defacto complainant with a shovel. The defacto complainant sustained serious injuries including a fracture on his right hand. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. BAIL APPL. NO. 8678 OF 2011 :: 2 :: 5. 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 ahz/