High Court Kerala High Court

Ullaskumar vs State Of Kerala on 3 June, 2009

Kerala High Court
Ullaskumar vs State Of Kerala on 3 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 2903 of 2009()


1. ULLASKUMAR, S/O.SETHUMADHAVAN PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.R.S.KALKURA

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :03/06/2009

 O R D E R
                           K.T.SANKARAN, J.
                      -------------------------------
                          B.A.No.2903 of 2009
                     ---------------------------------
                  Dated this the 3rd day of June, 2009


                                  ORDER

This is an application for bail under Section 439 of the Code of

Criminal Procedure. The petitioner is the accused in Crime No.190 of

2009 of Chavara Police Station.

2. The offence alleged against the petitioner is under Section

366 of the Indian Penal Code. The petitioner was arrested on

2.5.2009. He is in judicial custody.

3. The learned counsel for the petitioner submitted that the case

is foisted against the petitioner and that there is no material to connect

him with the offence. He also submitted that there is previous enmity

between the defacto complainant and the petitioner which led to the

initiation of the case against him.

4. The learned public prosecutor opposed the Bail Application

and submitted that the investigation is not over and if the petitioner is

released at this point of time, it would affect the proper investigation.

5. I have gone through the case diary. Prima facie, I do not

think that the case put forward by the petitioner can be accepted.

6. Taking into account the facts and circumstances of the case,

BA No. 2903 /2009 2

the nature and gravity of the offence and other circumstances, I do not

think that the petitioner can be released on bail at this juncture.

The Bail Application is accordingly dismissed.

K.T.SANKARAN,
JUDGE
csl