High Court Kerala High Court

Saju vs The State Of Kerala on 30 September, 2009

Kerala High Court
Saju vs The State Of Kerala on 30 September, 2009
       

  

  

 
 
  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.
            ------------------------------------------------------
                      B.A. NO. 5544 OF 2009
            ------------------------------------------------------
         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

:: 2 ::

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/