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. 7481 of 2011() ----------------------------- CRIME NO.388/2011 OF KOIPROM POLICE STATION PATHANAMTHITTA PETITIONERS/ACCUSED -------------------------------------- 1. ARUN, KOLAKKOTTU PULAKKAVUNKAL VEED, PLANKAMON, VELLIYARA MURI, AYIROOR VILLAGE. 2. UNNI, DO. BY ADV. SRI.T.P.PRADEEP RESPONDENT: COMPLAINANTS --------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.R.RANJITH 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. 7481 OF 2011 --------------------------------- Dated this the 29th day of November , 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioners are accused Nos. 1 and 2 in Crime No.388 of 2011 of Koiprom Police Station, Pathanamthitta District. 2. The offences alleged against the petitioners are under Sections 452, 326 and 323 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 11.8.2011, the accused persons attacked the defacto complainant with an iron rod, as a result of which the defacto complainant sustained fracture of mid shaft of the right humerus and fracture of left 8th and 9th ribs. The learned Public Prosecutor submitted that the defacto complainant underwent two B.A.No. 7481 OF 2011 2 surgeries. 4. The learned counsel for the petitioners submitted that the sister of the petitioners was attacked by the defacto complainant in the present case with a tapping knife and she sustained injuries. Crime No.386 of 2011 was registered in respect of that offence. On the request of the defacto complainant, the matter was not reported to the police as the defacto complainant assured that the matters would be settled. Since the matter was not settled, the sister of the petitioners approached the police and accordingly, Crime No.386 of 2011 was registered. 5. The allegations levelled against the petitioners are serious in nature. Registration of Crime No.386 of 2011 as such, may not be a ground for granting anticipatory bail to the petitioners in the present case. In the facts and circumstances of the case, I do not think that the petitioners are 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 petitioners, it would adversely B.A.No. 7481 OF 2011 3 affect the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE. cms