IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 Bail Appl..No. 6977 of 2009() ----------------------------- CRIME NO.559/2009 OF KUNNIKODE POLICE STATION, KOLLAM .................... PETITIONER/ACCUSED -------------------------------------- ANES S/O. BASHEERKUTTY AGED 22, ANES MANZIL, KULUPPURAM KUNNIKODE, PATHANANPURAM TALUK. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.6977 of 2009 --------------------------------------------- Dated this the 1st day of December, 2009 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.559 of 2009 of Kunnikode Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 324, 326 and 308 of the Indian Penal Code. 3. The prosecution case is that the accused attacked the de facto complainant while the latter was proceeding on a motor bike during night. The de facto complainant was attacked with an iron rod. He sustained very serious injuries. The injuries noted would include the following one : “depressed fracture of right frontal bone noted in roof of orbit extending towards midline with extra cranial soft tissue hematoma.” 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injury sustained by the de facto complainant and the allegations levelled against BA No.6977/2009 2 the petitioner, I am of the view that this is not a fit case where anticipatory bail can be granted to the petitioner. The petitioner, in my view, is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. K.T.SANKARAN, JUDGE csl