IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 Bail Appl..No. 6681 of 2008() ----------------------------- CRIME NO.31/02 OF PERUMBAVOOR POLICE STATION PETITIONER/ACCUSED -------------------------------------- BIJU KUMAR, AGED 30 YEARS, S/O.BHASKARAN, KALAKKATTUPARAMBIL HOUSE, NEAR BADANI KURISU, VENGOLA KARA, VILLAGE. BY ADV. SMT.REKHA C.NAIR RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SHRI.K.S.SIVAKUMAR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 11/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. --------------------------------------------------- Bail Appl.No. 6681 of 2008 --------------------------------------------------- Dated this the 11th day of November, 2008. ORDER Petition for bail. 2. The alleged offences are under Sections 447 and 302 of IPC. According to prosecution, petitioner had previous enmity towards the wife of de facto complainant, since she had lodged a complaint against him alleging rape, molestation etc. Therefore, on 15.1.2002 in the night, while she was going to the cattle shed he poured acid on her body and she sustained severe injuries and succumbed to the injury sustained. 3. Learned counsel for petitioner submitted that originally a crime was registered under Section 354 IPC and later a private complaint was filed alleging offence under Section 376 of IPC. Petitioner was released on bail earlier but later, he was remanded to judicial custody for 40 days. Now also, he is in custody from 24.9.2008 onwards. He may be granted bail, it is submitted. 4. This petition is strongly opposed. Learned Public Prosecutor submitted that the complaint relating to offence under [B.A.No.6681/08] 2 Section 354 and 376 IPC relate to a totally different incident. That occurred prior to the incident in this case and that was the motive in the present incident. It is also submitted that petitioner was absconding after he was granted bail in the other, case and he could not be arrested during investigation in this case. The case was included in the L.P. Register. It is also submitted that the victim was in the hospital for 90 days and her dying declaration was recorded. Now further investigation is being conducted in this case and accused was taken into police custody for subjecting him to medical examination since he was not available during investigation. In such circumstances, bail may not be granted, it is submitted. 5. On hearing both sides, I am satisfied that it is not a fit case to grant bail to the petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE. Krs.