IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 5544 of 2009()
1. SAJU, AGED 29 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
For Petitioner :SRI.A.T.ANILKUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :30/09/2009
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 5544 OF 2009
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Dated this the 30th day of September, 2009
O R D E R
This is an application for bail under Section 439 of the Code of
Criminal Procedure. The petitioner is the accused in Crime No.119
of 2009 of Kottappady Police Station, Ernakulam District.
2. The offences alleged against the petitioner are under
Sections 307 and 326 of the Indian Penal Code.
3. The date of occurrence was on 12.8.2009. The petitioner
was arrested on 14.8.2009 and he is in judicial custody.
4. Heard the learned counsel for the petitioner and the
learned Public Prosecutor. I have also perused the case diary. The
wound certificate discloses that the victim, a girl aged 18 years, has
sustained grievous injuries. She was admitted in the intensive care
unit. The statement given by the Doctor indicates that she requires
continued treatment in the hospital. It is submitted by the learned
B.A. NO. 5544 OF 2009
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Public Prosecutor that the victim is still undergoing treatment in the
hospital. When the victim of such an offence as alleged herein is still
continuing in the hospital, I do not find any justice in granting bail to
the accused. I am not persuaded to exercise my discretion to grant
bail to the petitioner in these circumstances.
Accordingly, the Bail Application is dismissed.
(K.T.SANKARAN)
Judge
ahz/