IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Bail Appl..No. 8133 of 2011() ----------------------------- CRIME NO.2963 OF 2011 OF CENTRAL POLICE STATION, ERNAKULAM PETITIONER/ACCUSED -------------------------------------- PHILIP N.J. @ JITHU, S/O. N.P.JUSTIN, AGED 31, NEDIYODI HOUSE, KOCHAPPILLY LANE, CHILAVANNOOR, KOCHI-20. BY ADV. SRI.K.R.VINOD RESPONDENT(S): --------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No.8133 OF 2011 --------------------------------- Dated this the 19th day of October, 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.2963 of 2011 of Central Police Station, Ernakulam. 2. The offences alleged against the petitioner are under Sections 323, 325 and 353 read with 34 of the Indian Penal Code. 3. The case was registered on the basis of a petition filed by the Medical Officer of General Hospital, Ernakulam. The Medical Officer stated that on 7.9.2011 at about 10.30 P.M, the petitioner went to the hospital stating that he was attacked by some persons. The petitioner was examined by the doctor and he was taken for conducting CT scan and B.A.No.8133 OF 2011 2 Xray. By about 10.45 P.M, one Jithin and his father Antony came to the hospital. They stated that they were beaten by few persons. After examining them, they were taken to the dressing room for dressing the wounds. At that time, the petitioner was returning after Xray and CT scan. The petitioner rushed to the dressing room and attacked Jithin and Antony. The friends of the petitioner also joined in the perpetration of the Crime. It was alleged that the criminal activities of the petitioner and others caused disturbances to the official duties of the hospital staff. 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