IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 Bail Appl..No. 8629 of 2011() ----------------------------- CRIME NO.2036/2011 OF KOTTARAKARA POLICE STATION PETITIONER/ACCUSED-A1 : -------------------------------- VENU KUMAR, AGED 45 YEARS, S/O.KUTTAN PILLAI, MELEVILAPUTHEN VEEDU, MARANADU, VETTIKKAVALA MURI, VETTIKAVALA VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.8629 of 2011 --------------------------- Dated this the 29th day of November, 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.2036 of 2011 of Kottarakara Police Station. 2. The offences alleged against the petitioner are under Sections 447, 323, 324, 326 and 294(b) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 6.10.2011 at 4.30 P.M., the accused persons attacked the de facto complainant with wooden sticks and the de facto complainant sustained injuries. The de facto complainant lost three teeth, as a result of the attack made by the accused persons. 4. The learned Public Prosecutor submitted that the BA 8629/11 2 petitioner is involved in 18 other crimes. 5. 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 csl