IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Bail Appl..No. 5898 of 2011() ----------------------------- CRIME NO.265/2011 OF SANTHAMPARA POLICE STATION, IDUKKI PETITIONER/ACCUSED : --------------------------- 1. KUNJAPPAN @ PILIPOSE, AGED 48 YEARS, TAZHATHEKUDIYIL HOUSE, THOTTIKANAM KARA, SANTHAMPARA VILLAGE, UDUMPANCHOLA THALUK, IDUKKI DISTRICT. 2. SANTHOSH KUMAR @ KANNAN, S/O.RAGHAVAN, AGED 45 YEARS, VAIKKATHU HOUSE, THOTTIKANAM KARA, SANTHAMPARA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. 3. JAYAN, S/O.RAGHAVAN, AGED 42 YEARS, VAIKKATHU HOUSE, THOTTIKANAM KARA, SANTHAMPARA VILLAGE, UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADV. SRI.ANIL GEORGE SRI.JOBY JACOB PULICKEKUDY RESPONDENT(S): COMPLAINANT ------------------------------------ STATE OF KERALA, REP. BY THE S.I. OF POLICE, SANTHAMPARA POLICE STATION, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. KOCHI - 31. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.5898 of 2011 --------------------------- Dated this the 8th 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 petitioners are accused Nos.1, 3 & 2 in Crime No.265 of 2011 of Santhampara Police Station, Idukki District. 2. The offences alleged against the petitioners are under Sections 294(b), 324 and 326 read with Section 34 of the Indian Penal Code. 3. The date of occurrence was on 6.7.2011. The victim sustained fracture of bones of both the legs. The allegation is that accused Nos.1 and 3 attacked the de facto complainant with iron rods while accused No.2 used a chopper. 4. The allegations levelled against the petitioners are serious in nature. In the facts and circumstances of the case, I BA 5898/2011 2 do not think that the petitioners are entitled to get the discretionary relief under Section 438 of the Code of Criminal Procedure. The matter requires investigation. Custodial interrogation of the petitioners may be required in the case. If anticipatory bail is granted to the petitioners, 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 csl