IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 Bail Appl..No. 5253 of 2011 CRMP.1953/2011 OF D.C.& SESSIONS COURT,THODUPUZHA CRIME NO.723 OF 2011 OF THODUPUZHA POLICE STATION. PETITIONER/ACCUSED NO.2 ------------------------------------------- BIJU BALAKRISHNAN, S/O.BALAKRISHNAN (BIJU K.B.), KANJIRAMPARAYIL HOUSE, KANJIRAMPARA KARA, THODUPUZHA VILLAGE. BY ADV. SRI.A.C.DEVASIA RESPONDENTS: COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 5253 OF 2011 D ------------------------------------------------------ Dated this the 7th day of July, 2011 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is accused No.2 in Crime No.723 of 2011 of Thodupuzha Police Station. 2. The offences alleged against the accused are under Sections 294(b), 341, 324, 308 and 427 read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 11.5.2011 at 10.30 PM, the accused wrongfully restrained the de facto complainant and, with an intention to commit culpable homicide, inflicted injuries on him with a knife. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the wound certificate. BAIL APPL. NO.5253 OF 2011 :: 2 :: 5. Taking into account the facts and circumstances of the case, the nature and gravity of the offence, the injuries sustained by the de facto complainant and the fact that recovery is to be effected, I am not inclined to grant anticipatory bail to the petitioner. 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 ahz/