✦ Kerala High Court · 06 Feb 2008

BAIL APPL No. 601 of 2008 · Kerala High Court

BAIL APPL No. 601 of 2008R BASANT3 min read

Case at a glance

Decided
06 Feb 2008
Bench
R BASANT

Outcome

Bail refused

In the result, this bail application is dismissed

Judgment

B.A. No.601 OF 2008 -: 2 :-directed at him. He was interrogated. It was realised that he had an unexplained and sutured injury on his person. He was subjected to close interrogation. He was arrested. He allegedly confessed to the crime. The unexplained injury in the mouth under the tongue was suffered at the hands of the deceased who tried to save herself. The petitioner had no explanation for the injury. The weapon – a heavy stone used for the infliction of the injury as also the purse which the deceased was carrying at the relevant time were traced on the basis of confession statement of the petitioner. There are other circumstances including the identification by a person who saw the petitioner leaving in ahurry from the scene of the crime. This is also relied on by the Investigator. The petitioner was arrested on 11/12/07.Investigation is in progress. He continues in custody from the date of his arrest.3.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The police is trying to make vexatious and false allegations against the petitioner in an attempt to claim credit for resolving the crime. The petitioner, B.A. No.601 OF 2008 -: 3 :-who has remained in custody from 11/12/07, may not be enlarged on bail, prays the learned counsel for the petitioner.4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the allegations are very serious and grave. Satisfactory indications have been collected pointing to the complicity of the petitioner. At this early stage of the investigation, the petitioner may not be granted bail. Release of the petitioner on bail would hamper the smooth course of the investigation. In a serious crime like this, the Investigator may be granted reasonable further time to complete the investigation, prays the learned Public Prosecutor.

Operative part

5. Having considered all the relevant inputs, I find merit in the opposition by the learned Public Prosecutor. I am not persuaded to invoke the discretion under Sec.439 of the Cr.P.C.at this stage in favour of the petitioner. Investigator, in aserious crime like this, I agree with the learned PublicProsecutor, is certainly entitled for reasonable further time to complete the investigation.6. In the result, this bail application is dismissed. But I B.A. No.601 OF 2008 -: 4 :-may hasten to observe that the petitioner shall be at liberty to move this Court for bail again at a later stage of the investigation– not, at any rate, prior to 20/2/2008. The Investigator shall, in the meantime, make every endeavour to complete the investigation. Sd/- (R. BASANT, JUDGE)Nan///true copy//P.S. to Judge

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: In the result, this bail application is dismissed

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — s. 511; Code of Criminal Procedure, 1973 — s. 439.

Which court decided this case, and when?

Kerala High Court, on 06 Feb 2008. The bench was R BASANT.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Kerala High Court or eCourts case status (search case no. BAIL APPL No. 601 of 2008). ← Search more judgments