IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8900 of 2011() ----------------------------- CRMP.2642/2011 of DIST & SESSIONS COURT, ALAPPUZHA CRIME NO.888/2011 OF CHERTHALA POLICE STATION ALAPPUZHA DISTRICT .................... PETITIONER : ACCUSED NO.1 : -------------------------- KUTTAN @ SHAJI, THAKIDIYIL, KANJIKUZHY PANCHAYATH, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.V.PHILIP MATHEW SRI.JOSEPH RONY JOSE RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.R.RANJITH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 14/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.8900 of 2011 ---------------------------------------------- Dated this the 14th day of November, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.1 in Crime No.888 of 2011 of Cherthala Police Station. 2. The offences alleged against the petitioner are under Sections 307, 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 22/07/2011, the de facto complainant and his friend were attacked by the accused persons with sword stick and they sustained serious injuries. The de facto complainant sustained fracture of right forearm. 4. The allegations levelled against the petitioner are serious in nature. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the 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 Bail Appln.No.8900/2011 : 2 : 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