IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 3815 of 2007()
1. SANTHOSH KUMAR, S/O. SREEDHARAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.TITUS MANI
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :25/06/2007
O R D E R
R.BASANT, J
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B.A.No.3815 of 2007
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Dated this the 25th day of June, 2007
ORDER
Application for regular bail. The petitioner faces allegations
under Sections 324 and 307 I.P.C. The alleged incident took place on
27.05.2007. On account of prior animosity, the victim is alleged to
have been hit with an iron road on the abdomen by the petitioner.
The victim has suffered injuries. He was immediately taken to the
hospital. He was shifted from one hospital to the other. F.I statement
was recorded from the wife of the victim on 04.06.2007. Crime has
later been registered. Investigation is in progress. The petitioner was
arrested on 08.06.2007. He continues in custody even now.
2. The learned counsel for the petitioner submits that the
allegations are false. No prompt F.I.R has been registered. The
theory of the petitioner causing injuries to the victim on the abdomen
is incorrect. It is contended that the victim is otherwise ailing and is a
cancer patient. In any view of the matter, the petitioner may now be
enlarged on bail. No purpose will be served by insistence on
continued detention of the petitioner, submits the learned counsel for
the petitioner.
3. The learned Public Prosecutor opposes the application.
The victim is in a very serious condition. He is continuing to be
B.A.No.3815 of 2007 2
unconscious. Release of the petitioner at this early stage is not
justified at all, submits the learned Public Prosecutor. In a serious
crime like this, the police may be given some further time to complete
the investigation before the question of release of the petitioner from
custody is considered.
4. I find merit in the opposition by the learned Public
Prosecutor . In a case like this, I am certainly inclined to hold that the
Investigators are entitled to some further time to complete the
investigation. Appropriate observations can, of course, be made.
5. This application is, in these circumstances, dismissed. I
may hasten to observe that the petitioner shall be at liberty to move
the Sessions Court or this Court for bail again again at a later stage of
the proceedings, not, at any rate, prior to 05.07.2007. The police
shall in the meantime make every endeavour to complete the
investigation.
(R.BASANT, JUDGE)
rtr/-