IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 Bail Appl..No. 5544 of 2009 CRIME NO.119 OF 2009 OF KOTTAPPADY POLICE STATION PETITIONER/ACCUSED -------------------------------------- SAJU, AGED 29 YEARS, S/O.AYYAPPAN, RESIDING AT PARACKAL HOUSE, KALLULLY BHAGOM, PLAMUDY KARA, KOTTAPPADY. BY ADV. SRI.A.T.ANILKUMAR SRI.A.V.JAMES RESPONDENT: COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, REP. BY THE SUB INSPECTOR, KOTTAPPADY POLICE STATION IN CRIME NO.119/2009. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 5544 OF 2009 ------------------------------------------------------ Dated this the 30th day of September, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.119 of 2009 of Kottappady Police Station, Ernakulam District. 2. The offences alleged against the petitioner are under Sections 307 and 326 of the Indian Penal Code. 3. The date of occurrence was on 12.8.2009. The petitioner was arrested on 14.8.2009 and he is in judicial custody. 4. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the case diary. The wound certificate discloses that the victim, a girl aged 18 years, has sustained grievous injuries. She was admitted in the intensive care unit. The statement given by the Doctor indicates that she requires continued treatment in the hospital. It is submitted by the learned B.A. NO. 5544 OF 2009 :: 2 :: Public Prosecutor that the victim is still undergoing treatment in the hospital. When the victim of such an offence as alleged herein is still continuing in the hospital, I do not find any justice in granting bail to the accused. I am not persuaded to exercise my discretion to grant bail to the petitioner in these circumstances. Accordingly, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/