IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Bail Appl..No. 7576 of 2011() ----------------------------- Crime No.1543 of 2011 of Chalakudy Police Station, Thrissur District. PETITIONER ------------------------------ ANTO, AGED 43 YEARS, S/O. P.T.KUNJUVAREED(LATE), PEENIKAPARAMBAN HOUSE, CHATTUKULAM P.O., KAMMALAM, PARIYARAM, CHALAKUDY. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, CHALAKUDY POLICE STATION, CHALAKUDY. BY STATE PROSECUTOR SRI.T.ASAF ALI THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 7576 OF 2011 --------------------------------- Dated this the 21st day of December, 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.1543 of 2011 of Chalakudy Police Station, Thrissur District. 2. The offences alleged against the petitioner are under Sections 447 and 326 of the Indian Penal Code. 3. The defacto complainant is the brother of the petitioner. The prosecution case is that on 14.8.2011, at about 6 P.M, when the defacto complainant and his wife were in their agricultural compound, they were attacked by the petitioner with a chopper, which resulted in fracture injuries to the defacto complainant and his wife. B.A.No. 7576 OF 2011 2 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary and the wound certificate. 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. 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