IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 Bail Appl..No. 8144 of 2011() ----------------------------- (CRIME NO. 691/2011 OF SOORANAD POLICE STATION IN KOLLAM DISTRICT) PETITIONER/ACCUSED-A1 ------------------------------------ UDAYAN,S/O.THANKAPPAN,AGED 34 YEARS, PARAPPURATH KIZHEKKETHIL HOUSE,EDAKKAD MURI, PORUVAZHI VILLAGE,KUNNATHOOR TALUK,KOLLAM DIST. BY ADV. SRI.P.V.DILEEP RESPONDENT: COMPLAINANT -------------------------- STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM-31. PUBLIC PROSECUTOR SRI. REJI JOSEPH. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14/11/2011 , THE COURT ON THE SAME DAY, PASSED THE FOLLOWING: P.S. GOPINATHAN, J. = = = = = = = = = = = B.A. 8144 OF 2011 = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF NOVEMBER, 2011. O R D E R Petitioner is the first accused in Crime No. 691/2011 of the Sooranad Police Station alleging offence under Sections 447, 323, 326 read with 34 of the Indian Penal Code. Having heard either side, it appears that the victim had lost three teeth as a result of the assault with a tapioca stem. Therefore, I find that this is not a fit case to invoke the jurisdiction under Section 438 of the Code of Criminal Procedure. This petition is dismissed with liberty to the petitioner to apply for regular bail which shall be disposed by the learned magistrate at the earliest. P.S. GOPINATHAN, (JUDGE) knc/-