IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Bail Appl..No. 9319 of 2011() ----------------------------- CRIME NO.519 OF 2011 OF KOIPURAM POLICE STATION, PATHANAMTHITTA DT. PETITIONER/ACCUSED -------------------------------------- VIPINACHANDRAN NAIR,AGED 54 YEARS, S/O.GOPALAN NAIR, RESIDING AT PARAYAKUNNIL VEEDU, POOVATHOOR, THRIKKANNAPURAM MURI, KOIPURAM VILLAGE PATHANAMTHITTA. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (THROUGH SUB INSPECTOR OF POLICE IN CRIME NO.519/2011 OF KOIPURAM POLICE STATION). BY P.P.SRI.K.K.RAJEEV THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- Bail Appln.No.9319 of 2011 ---------------------------------------------- Dated this the 12th day of December, 2011 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.519 of 2011 of Koipuram Police Station, Pathanamthitta District. 2. The offences alleged against the petitioner are under Sections 447 and 326 of the Indian Penal Code. 3. The accused is the younger brother of the de facto complainant. The prosecution case is that on 20/10/2011 at 9.30 A.M., the accused trespassed into the car porch of the house of the de facto complainant and attacked him with a stone tied in a towel. The de facto complainant sustained fracture of his shoulder bone. 4. The allegations levelled against the petitioner are serious in nature. 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 Bail Appln.No.9319/2011 : 2 : 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 skj True copy P.A. to Judge