IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 5176 of 2011() ----------------------------- CRMP.802/2011 of ADDL.DISTRICT COURT-I,MAVELIKKARA CRIME NO.83/2011 OF MANNAR POLICE STATION ALAPPUZHA DISTRICT .................... PETITIONER: -------------------- BIJU, AGED 34 YEARS, S/O.KUNJUMON VALUPAAMBIL HOUSE,BUDANOOR PO,PERINGADU,ALAPPUZHA. BY ADV. SRI.K.RONALD JOSE RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 681 018. 2. SUB INSPECTOR OF POLICE MANNAR POLICE STATION, ALAPPUZHA. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.5176 of 2011 ---------------------------------------------- Dated this the 08th day of August, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The Petitioner is accused No.5 in Crime No.83 of 2011 of Mannar Police Station. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 324, 326 and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is that on 11/02/2011 at 8.45 P.M., the accused persons attacked the de facto complainant with swords and iron rods. The de facto complainant sustained four incised wounds, two of which were on the skull. As a result of the injuries on the skull, he sustained fracture of frontal bone. 4. Injuries sustained by the de facto complainant are serious in nature and the offences alleged against the accused are grave in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get Bail Appln.No.5176/2011 : 2 : 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 skj