IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 Bail Appl..No. 993 of 2010() -------------------------------- CRIME NO. 48/2010 0F VELLARADA POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER/ACCUSED : --------------------------- SATHEESHAN, AMMADHA VADAKKEKARA VEEDU, KANTHARIVILA, ANBOORI VILLAGE, ANBOORI DESOM, THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENT/COMPLAINANT : ----------------------------------- STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SRI. V.TEKCHAND PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 993 of 2010 ------------------------------------ Dated this the 1st day of March, 2010 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.48/2010 of Vellarada Police Station, Thiruvananthapuram. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is that on 17.01.2010 at 9.30 P.M., while the de facto complainant demanded the accused to re-pay the amount paid to him as loan, the accused got infuriated and stabbed the de facto complainant. The stab was aimed at the neck. However, the de facto complainant tried to evade the stab. He sustained stab injuries on his chest. 4. Taking into account the facts and circumstances of the case, the nature and gravity of the offence and the allegations levelled against the petitioner, I do not think that this is a fit B.A. No. 993/2010 2 case where anticipatory bail can be granted to the petitioner. The petitioner 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 ln