JUDGMENT :

K.S. Panicker Radhakrishnan, J.

1. Leave granted.

2. Can the Additional Sessions Judge while dealing with an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973 (for short "Code of Criminal Procedure"), express hisopinion on merits that no case is made out under Section 326 Indian Penal Code, even when the investigation is not yet over?

3. Appellant herein was the complainant from whom the statement under Section 161 Code of Criminal Procedure was recorded on 28.5.2012. Statement records that, at about 11.00 PM on 25.5.2012, the Appellant went to sleep at the rooftop of his house and his wife Shamina and his cousin sister Chandani were sleeping in the room. At about 2.30 AM on 26.5.2012, they made hue and cry and shouted for help. On hearing this, the complainant came down and saw that the In-laws of Chandani, namely, Hazi Saleem (father-in-law), Azad (devar), Taslim (uncle-in-law) and Noushad (brother-in-law) were dragging Chandani, which was objected by the complainant. Noushad and Azad then caught hold of him and Taslim fired at him with the gun injuring his both legs from back side and they ran away from the spot.

4. FIR was a