IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8063 of 2011 CRIME NO.712 OF 2011 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM PETITIONER/1ST ACCUSED ------------------------------------------ SREEKUMAR.M., S/O.MANI P.R., AGED 26 YEARS, CHAKKALAPARAMBU HOUSE, PAPPU ASAN ROAD, THEVARA. BY ADV. SRI.V.BIJU JOSEPH RESPONDENT: --------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO.8063 OF 2011 ------------------------------------------------------ Dated this the 13th day of October, 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 accused No.1 in Crime No.712 of 2011 of Ernakulam South Police Station. 2. The offences alleged against the accused are under Sections 341, 308 and 324 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 16.4.2011 at 9.30 P.M. while the de facto complainant was walking along the road, the accused persons attacked him with a bottle. The de facto complainant and one George sustained injuries. It is seen that the de facto complainant sustained very serious injuries including fracture of scalp. There was internal bleeding also. BAIL APPL. NO. 8063 OF 2011 :: 2 :: 4. The allegations levelled against the petitioner are serious in nature. The injuries sustained by the de facto complainant are also grievous 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/