IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 Bail Appl..No. 2903 of 2009() ----------------------------- CRIME NO.190 OF 2009 OF CHAVARA POLICE STATION .................... PETITIONER/ACCUSED -------------------------------------- ULLASKUMAR, S/O.SETHUMADHAVAN PILLAI, RESIDING AT AMBADIYIL HOUSE, CHONAMCHIRA MURI, PANAYAM VILLAGE, KOLLAM. BY ADV. SRI.R.S.KALKURA SRI.HARISH GOPINATH RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, CHAVARA POLICE STATION, CHAVARA, KOLLAM, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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