IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD NOVEMBER 2011 / 2ND AGRAHAYANA 1933 Bail Appl..No. 7063 of 2011() ----------------------------- IN CRIME NO. 675/2011 OF CHADAYAMANGALAM POLICE STATION APPLICANT(S): /ACCUSED NO.1 --------------------------------------------- MANEESH, AGED 22 YEARS, S/O.RAVEENDRAN PILLAI, VANCHIKOTTUMELATHIL VEEDU, THEVANNOOR MURI, ELAMADU VILLAGE, CHADAYAMANGALAM. BY ADVS. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI. VIPIN NARAYAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REPRESENTING THE S.I. OF POLICE, CHADAYAMANGALAM POLICE STATION. BY PUBLIC PROSECUTOR SRI. K.K. RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23/11/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DS K.T.SANKARAN, J. --------------------------------- B.A.No. 7063 OF 2011 --------------------------------- Dated this the 23rd 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.675 of 2011 of Chadayamangalam Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 143, 147, 148, 294(b), 323, 324, 326 and 308 read with Section 149 of the Indian Penal Code. 3. The defacto complainant sustained grievous hurt in the occurrence which took place on 12.6.2011. The allegation is that the accused attacked him with iron rods. It is also alleged that accused No.2 wielded a knife which resulted in an injury on the face of the friend of the defacto complainant. B.A.No.7063 OF 2011 2 4. Bail Application No.6074 of 2011 filed by accused Nos.2 and 6 was dismissed by the order dated 16th August, 2011. 5. 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 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. cms