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. 8186 of 2011 CRIME NO.116 OF 2009 OF KOLAVALLUR POLICE STATION, KANNUR DIST. PETITIONER/ACCUSED NO.1: -------------------------------------- NANU, S/O KUNHIKKANNAN, 44 YEARS, BUSINESS, PAREMMAM HOUSE, KOLAVELLOOR AMSOM, DESOM, P.O, THOOVAKKUNNU, KANNUR DISTRICT. BY ADV. SRI.N.R.SHANAVAS SRI.K.RAJESH SUKUMARAN RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA (STATION HOUSE OFFICER, KOLAVELLOOR POLICE STATION), REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.T.K.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 8186 OF 2011 ------------------------------------------------------ Dated this the 19th 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.116 of 2009 of Kolavallur Police Station, Kannur District. 2. The offences alleged against the accused are under Sections 143, 147, 148, 324, 326 read with Section 149 of the Indian Penal Code and Sections 3 and 5 of the Explosive Substances Act. 3. The prosecution case is that while the de facto complainant and others were participating in a victory rally on account of the election of their candidate in the Lok Sabha election, they were attacked by a group of persons with dangerous weapons and explosive substances and they sustained injuries. Several persons sustained injuries as a result of the commission of the alleged offence. BAIL APPL. NO. 8186 OF 2011 :: 2 :: 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. 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/