IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 Bail Appl..No. 6004 of 2011 CRIME NO.600 OF 2011 OF OACHIRA POLICE STATION, KOLLAM DISTRICT PETITIONERS : ACCUSED NOS.1 AND 2: -------------------------------------- 1. RUDRAN, AGED 54 YEARS, GULIKASSERIL HOUSE, SRAYIKKADU, ALAPPAD VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. 2. MANIKANDAN, S/O.RUDRAN, GULIKASSERIL HOUSE, SRAYIKKADU, ALAPPAD VILLAGE, KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6004 OF 2011 ------------------------------------------------------ Dated this the 5th day of August, 2011 O R D E R 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.600 of 2011 of Oachira Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 324 and 326 read with Section 34 of the Indian Penal Code. 3. The prosecution case is the following: Accused Nos.1 and 2 on the one hand and Sujith on the other hand had some disputes. Sujith is the friend of the de facto complainant. On 5.5.2011, accused Nos.1 and 2 inflicted injuries on Sujith. Accused No.1 stabbed Sujith with a knife. The de facto complainant tried to prevent it. At that time, accused No.2 hit the de facto complainant with a firewood piece resulting in fracture of his right palm. BAIL APPL. NO. 6004 OF2011 :: 2 :: 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I do not think that the petitioners are entitled to get 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 ahz/