IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 13TH OCTOBER 2011 / 21ST ASWINA 1933 Bail Appl..No. 8256 of 2011() ----------------------------- CMP.4861/2011 of J.M.F.C., HARIPAD Crime No.278 of 2011 of Thrikkunnapuzha Police Station, Alappuzha District. .................... PETITIONER/ACCUSED NO.2 ------------------------------------------- ALEXANDER, AGED 24 YEARS, S/O.SOLAMAN, CHENNATTU PUTHUVEL VEETTIL MUTHUKULAM VADAKKU MURI, ARATTUPUZHA KIZHAKKEKKARA ARATTUPUZHA VILLAGE, ALAPPUZHA. BY ADV. SRI.S.SHANAVAS KHAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY P.P.SRI.REJI JOSEPH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 13/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A.No. 8256 OF 2011 --------------------------------- Dated this the 13th day of October, 2011 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.278 of 2011 of Thrikkunnapuzha Police Station, Alappuzha District. 2.The offences alleged against the petitioner are under Sections 308, and 326 read with 34 of the Indian Penal Code. 3. The date of occurrence was on 16.9.2011 at 7.30 P.M. It is alleged that the accused persons attacked the defacto complainant with a dangerous weapon and caused serious injuries to him. It is alleged that accused No.2 hit the defacto complainant with a stone, which resulted in the loss of tooth. The petitioner was arrested on 30.9.2011 and he was remanded to judicial custody. B.A.No. 8256 OF 2011 2 4. The learned Public Prosecutor submitted that the investigation is at the initial stage and all the accused persons have not been arrested. It is also submitted that the injuries sustained by the defacto complainant are serious in nature. If the petitioner is released on bail at this stage, it is submitted that it would adversely affect the proper and smooth investigation of the case. 5. I find substance in the submission made by the learned Public Prosecutor. In the facts and circumstances of the case, I am of the view that the petitioner is not entitled to be released on bail at this stage. Accordingly, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms