IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 Bail Appl..No. 1940 of 2010() --------------------------------- CRIME NO. 121/2010 OF KALPAKANCHERRY POLICE STATION ........................... PETITIONER/ACCUSED : ------------------------------ CHANDRAN, S/O. VELAYUDAN, KAVULIYALUKKAL HOUSE, KURUMBATHOOR.P.O., KOTTAKUNNU. BY ADV. SRI.A.KRISHNAN RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1940 of 2010 ------------------------------------ Dated this the 8th day of April, 2010 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.121/2010 of Kalpakancherry Police Station. 2. The offences alleged against the petitioner are under Sections 325 and 326 of the Indian Penal Code. 3. The prosecution case is that on 11/3/2010, the petitioner was attacked by the accused with a stone. The de facto complainant sustained fracture of Zygomatic bone (R) side. I have perused the Case Diary. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained by the de facto complainant and also the motive alleged by the de facto complainant for the attack made by the petitioner, I do not think that it is just and proper to grant anticipatory bail to the petitioner. 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 investigation of B.A. No. 1940 /2010 2 the case. I am of the view that the petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. The Bail Application is accordingly dismissed. K.T. SANKARAN, JUDGE scm