IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Bail Appl..No. 7095 of 2011() ----------------------------- CRIME NO.764/2011 OF PUTHOOR POLICE STATION, KOLLAM PETITIONER (S): 1ST ACCUSED ------------------------------- SUBHASH, S/O.PARAMESHWARAN PILLAI, POOTHAKUZHIYIL VEEDU, EARATHU KULAKKADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI. K.SIJU RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY SI OF POLICE, PUTHOOR POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.7095 of 2011 --------------------------- Dated this the 10th day of October, 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.1 in Crime No.764 of 2011 of Puthoor Police Station, Kollam District. 2. The offences alleged against the petitioner are under Sections 294(b), 323, 325, 354, 452 and 506(i) read with Section 34 of the Indian Penal Code. 3. The prosecution case is that on 25.7.2011, the accused persons went to the shop of the de facto complainant where she and her husband are engaged in the photocopy business. The accused were directed to place their chappals outside the shop. They did not relish the same. The accused caught hold of the de facto complainant, a woman, and pulled her saree. Her husband intervened. He was pushed down. Later, when the de facto complainant tried to intervene and BA 7095/11 2 save her husband, she was fisted by the first accused which resulted in the fracture of her right humerus. 4. The allegations are grave in nature. The allegations would show that the accused persons attacked a woman and caused fracture to her. In the facts and circumstances of the case, I do not think that the petitioner is entitled to get the 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 csl