IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Bail Appl..No. 6096 of 2011 CRIME NO.346 OF 2011 OF ANCHALUMMOODU POLICE STATION, KOLLAM. PETITIONER/5TH ACCUSED ------------------------------------------ SANTHOSH,S/O.NANU,AGED 38 YEARS, SACHU BHAVAN,SAMBRANIKODI HARIJAN COLONY, PRAKKULAM.P.O,KOLLAM. BY ADV. SRI. K.SIJU SMT.BINDU GEORGE RESPONDENT: STATE -------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU POLICE STATION, KOLLAM DISTRICT,THROUGH PUBLIC PROSECUTOR, KOLLAM. PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ Bail Appl. NO. 6096 OF 2011 ------------------------------------------------------ Dated this the 1st 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 petitioner is accused No.5 in Crime No.346 of 2011 of Anchalummoodu Police Station, Kollam District. 2. The offences alleged against the accused are under Sections 143, 147, 452, 294(b), 323, 324, 506(ii) and 307 read with Section 149 of the Indian Penal Code. 3. The prosecution case is the following: On 16.3.2011 at about 10.30 P.M., while the de facto complainant, who is a coolie, was sitting in the kitchen of his house with his wife and children, the accused persons, armed with deadly weapons like sword, iron rods, wooden sticks and knife, forcibly entered into the kitchen and attacked the de facto complainant. The de facto complainant sustained injuries all over his body. He could not resist the attack of BAIL APPL. NO.6096 OF 2011 :: 2 :: the accused persons. It is stated that the accused attacked the de facto complainant shouting that he should be killed. 4. Serious allegations are levelled against the accused. The de facto complainant sustained injuries all over his body. The weapons allegedly used are very deadly weapons. The place of occurrence is the house of the de facto complainant and the time of commission of the alleged offence is 10.30 P.M. 5. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get 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 ahz/