IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 3RD DECEMBER 2011 / 12TH AGRAHAYANA 1933 Bail Appl..No. 9689 of 2011() ----------------------------- CMP.3113/2011 of DISTRICT COURT, PALAKKAD Crime No.515 of 2011 of Pattambi Police Station. .................... PETITIONER/ACCUSED NOS.1 & 3 ------------------------------------------------ 1. RAJESH, S/O.SUBRAMANIAN, AGED 31 YEARS, 570, ILLAPPULLI, VALLAPPUZHA, PATTAMBI, PALAKKAD. 2. SURESH, S/O.SUBRAMANIAN, AGED 29 YEARS, 1/340, ILLAPPULLI, VALLAPPUZHA, PATTAMBI, PALAKKAD BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): STATE OF KERALA/COMPLAINANT ------------------------------------------ THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. BY P.P.SMT.R.REMA THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------- B.A. No.9689 OF 2011 --------------------------------- Dated this the 3rd day of December , 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.515 of 2011 of Pattambi Police Station. 2. The offences alleged against the petitioners are under Sections 341, 323, 324 and 326 read with 34 of the Indian Penal Code. 3. The prosecution case is that on 29.9.2011, at 6.30 P.M, the accused persons attacked the defacto complainant with iron rods and stones. The defacto complainant sustained serious injuries including fractures. The defacto complainant was admitted in the hospital on 29.9.2011 and he was discharged from the hospital on 6.10.2011. B.A.No. 9689 OF 2011 2 4. The allegations levelled against the petitioners are serious in nature. The injuries sustained are grievous injuries. 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. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, 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. cms