IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 Bail Appl..No. 6532 of 2011() ----------------------------- CRIME NO.473/2011 OF PAYYANNUR POLICE STATION KANNUR DISTRICT PETITIONER/ACCUSED -------------------- FAIZAL.N.K.P., S/O. MAHAMOOD, AGED 32 YEARS, NALUPURAPPATTIL KIZHAKKE PURAYIL, RAMANTHALI AMSOM, ETTIKULAM DESOM, PAYYANNUR, KANNUR DIST. BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENTS: COMPLAINANT & FORMAL PARTY ----------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PAYYANNUR POLICE STATION, PAYYANNUR, KANNUR DISTRICT. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.6532 of 2011 ---------------------------------------------- Dated this the 25th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is the accused in Crime No.473 of 2011 of Payyannur Police Station, Kannur District. 2. The offences alleged against the petitioner are under Sections 341, 326 and 506(ii) of the Indian Penal Code. 3. The prosecution case is that on 19/07/2011 at 9.30 P.M., the petitioner attacked the de facto complainant with an iron pipe resulting in the fracture of the 4th metacarpal of right hand, fracture of middle finger of the left hand and fracture of the nasal bone of the de facto complainant. 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 Bail Appln.No.6532/2011 : 2 : anticipatory bail is granted to the petitioner, it would adversely affect the proper and smooth investigation of the case. 5. The learned Counsel for the petitioner submitted that the petitioner belongs to Muslim community and there may be a direction not to arrest the petitioner till the Ramzan is over. The learned Public Prosecutor submitted that the petitioner will not be arrested in connection with Crime No.473 of 2011 of Payyannur Police Station, till 31st August, 2011. This submission is recorded. The Bail Application is dismissed. K.T.SANKARAN, JUDGE skj