IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 Bail Appl..No. 2382 of 2009 CRIME NO.754 OF 2008 OF CHERPU POLICE STATION APPLICANT: 1ST ACCUSED: -------------------- UNNIKRISHNAN,AGED 43, S/O.(LATE) SANKARAN NAIR, PANDIYATH HOUSE,CHOVOOR VILLAGE, POOTHARAKKAL P.O,THRISSUR TALUK. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT: --------------- STATE OF KERALA REP.BY SUB INSPECTOR OF POLICE, CHERPU POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 2382 OF 2009 ------------------------------------------------------ Dated this the 1st June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.754 of 2008 of the Cherpu Police Station. 2. The offence alleged against the petitioner is under Sections 452 and 326 of the Indian Penal Code. 3. The prosecution case is that on 21.12.2008 at 11.30 PM the accused persons trespassed into the dwelling house of the de facto complainant and attacked him. The de facto complainant tried to escape and ran away. The accused persons chased him and beat him with wooden reapers causing grievous injuries, including fracture of bones of both of his legs. Learned counsel for the petitioner submitted that the petitioner also sustained injuries on an attack by the de facto complainant with scissors. The petitioner was not treated as an inpatient in any hospital. The injury sustained by the petitioner is simple in nature. B.A. NO. 2382 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, the nature of the offence, the injuries sustained by the de facto complainant and other circumstances, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/