IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 Bail Appl..No. 6553 of 2011() ----------------------------- CRIME NO.227 OF 2011 OF ANCHAL POLICE STATION, KOLLAM DISTRICT PETITIONER ------------------------------ BIJU LAL, S/O. SIVANANDAN, BIJULAL MANDIRAM, KATTUMPURAM, VADAMON P.O., ANCHAL VILLAGE, KOLLAM DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM DISTRICT. BY P.P.SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.6553 OF 2011 --------------------------------- Dated this the 2nd day of September, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.7 in Crime No.227 of 2011 of Anchal Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 447, 307 and 120-B read with 34 of the Indian Penal Code. 3. The Prosecution case is that in furtherance of the conspiracy among the accused, accused Nos.1 to 4, members of a quotation gang, attacked the defacto complainant with iron rods and sticks and caused serious injuries to the defacto complainant. It is submitted by the learned Public Prosecutor that in retaliation, accused No.1 was murdered, and in that case, the defacto complainant in B.A. No.6553 OF 2011 2 the present case is accused No.1. 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