IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5836 of 2009() ----------------------------- CRIME NO.207/2009 OF RAMAPURAM POLICE STATION .................... PETITIONER : ACCUSED -------------------------------------- K.K.RAJAN,KANDACHANKUNNEL HOUSE, AREEKKARA KARA, UZHAVOOR VILLAGE, MEENACHIL TALUK. BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT(S): --------------- STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5836 of 2009 --------------------------------------------- Dated this the 12th day of October, 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.207 of 2009 of Ramapuram Police Station. 2. The offences alleged against the petitioner are under Sections 498A, 323 and 308 of the Indian Penal Code. 3. The victim is the wife of the petitioner. The allegation is that on 30.8.2009, the petitioner inflicted injuries on the defacto complainant by using an air gun. The defacto complainant was admitted in the hospital and one pellet was removed after surgery. The prosecution case is that the petitioner manhandled his wife and while the wife ran out of the house, the petitioner followed and fired at her with the air gun. 4. The petitioner was arrested on 18.9.2009 and he was remanded to judicial custody. The investigation is going on. It is submitted by the learned Public Prosecutor that if the petitioner is released on bail, there is every likelihood of the petitioner BA No.5836/2009 2 trying to attack the defacto complainant again, who is residing only a few kilometers away from the petitioner's house. 5. Taking into account the peculiar facts and circumstances of the case, it cannot be said that the apprehension voiced by the learned Public Prosecutor is without any substance. In the facts and circumstances of the case, I am of the view that the petitioner cannot be released on bail at this stage. The Bail Application is accordingly dismissed. K.T.SANKARAN, JUDGE csl