IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 Bail Appl..No. 1267 of 2010() --------------------------------- CRIME NO. 39/2010 OF KOTTAYAM EAST POLICE STATION .................. PETITIONER/ACCUSED : --------------------------- SHIBU @ KOCHUMON S/O.THANKAPPAN,AGED 35 YEARS, THAKIDI PARAMBIL,POOVANTHURUTH P.O, KOTTAYAM. BY ADV. SRI.ALEXANDER GEORGE RESPONDENTS/COMPLAINANT : ------------------------------------ 1. STATE OF KERALA REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM DISTRICT. BY SRI. P.A.SALIM PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 19/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 1267 of 2010 ------------------------------------ Dated this the 19th 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 the accused in Crime No. 39/2010 of Kottayam East Police Station. 2. The offences alleged against the petitioner are under Sections 324 and 308 of the Indian Penal Code. 3. The prosecution case is that on 13.01.2010 at 10.45 A.M., while the de facto complainant had consuming toddy from the toddy shop, the accused came there and asked the de facto complainant to purchase toddy for the accused. The de facto complainant stated that he had no money. At that time, the accused attacked the de facto complainant with a piece of granite stone on his head. The de facto complainant sustained injuries. He was taken to the District Hospital, Kottayam. From the District Hospital, he was referred to the Medical College Hospital, Kottayam. The wound certificate shows that the de facto complainant sustained injuries on the forehead and other parts of his head. B.A. No. 1267 / 2010 2 4. Taking into account the facts and circumstances of the case, I do not think that this is a fit case where anticipatory bail can be granted to the petitioner. If anticipatory bail is granted to the petitioner, it would adversely affect the proper investigation of the case. I am of the view that the petitioner is not entitled to any discretionary relief under Section 438 of the Code of Criminal Procedure. For the aforesaid reasons, the Bail Application is dismissed. K.T. SANKARAN, JUDGE ln