IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 Bail Appl..No. 1418 of 2010() ---------------------------------------- CMC.193/2010 of DISTRICT COURT, MANJERI CRIME NO.73/2010 OF TANUR POLICE STATION, MALAPPURAM .................... PETITIONER/ 1ST ACCUSED: ------------------------------------------- JALEEL, S/O.ABDUL RAHMAN, CHELLAPANAKADAVATH HOUSE, OSSAN BEACH, TANUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.P.SUDHEER RESPONDENT/ COMPLAINANT: ------------------------------------------------ STATE OF KERALA REPRESENTED BY THE' PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM REPRESENTING SUB INSPECTOR OF POLICE, TANUR POLICE STATION, MALAPPURAM DISTRICT. SRI. M.S.BREEZ, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1418 of 2010 ------------------------------------ Dated this the 24th day of March, 2010 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.1 in Crime No.73/2010 of Tanur Police Station, Malappuram. 2. The offences alleged against the petitioner are under Sections 323, 324, 341 and 308 read with Section 34 of the Indian Penal Code. 3. The de facto complainant, Haskar, son of Alikutty, is engaged in loading fish. The allegation is that on 15/2/2010 at about 9.30 P.M., he was attacked by the accused persons with iron rod, hammer and other weapons. It is alleged that the petitioner hit on the head of the victim with an iron rod. It is also alleged that an attempt was made by the petitioner to stab the victim. The victim was taken to the Govt. Hospital, Tirur. He was referred to the Medical College Hospital, Kozhikode. The wound certificate shows multiple lacerated wound on the head of the victim. B.A. No. 1418/ 2010 2 4. In the facts and circumstances of the case, I am not inclined to grant the discretionary relief under Section 438 of the Code of Criminal Procedure in favour of the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. The petitioner is not entitled to the discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail application is dismissed. K.T. SANKARAN, JUDGE scm