IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Bail Appl..No. 6622 of 2011() ----------------------------- CRIME NO.737/2011 OF KASARAGOD POLICE STATION PETITIONER/ACCUSED : --------------------------- MUJEEB RAHMAN, RESIDING AT BANKODE, THALANKARA VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA (S.H.O. KARAGOD POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.MANU THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------- B.A.No.6622 of 2011 --------------------------- Dated this the 20th 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 the accused in Crime No.737 of 2011 of Kasaragod Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 326 of the Indian Penal Code. 3. The prosecution case is that on 6.8.2011, the accused pulled down the de facto complainant from the bike and attacked him with iron rod which resulted in the fracture of right elbow of the de facto complainant. 4. The allegations levelled against the petitioner are grave in nature. The hurt caused is grievous hurt. 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 BA 6622/11 2 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