High Court Kerala High Court

Kochuthresia vs State Of Kerala on 15 February, 2010

Kerala High Court
Kochuthresia vs State Of Kerala on 15 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl..No. 155 of 2010()


1. KOCHUTHRESIA, AGED 64 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :15/02/2010

 O R D E R
                           K.T.SANKARAN, J.
              ------------------------------------------------------
                        B.A. NO. 155 OF 2010
              ------------------------------------------------------
             Dated this the 15th day of February, 2010


                                 O R D E R

When the Bail Application came up for hearing on 2.2.2010,

the following order was passed:

“This is an application for bail under Section 438

of the Code of Criminal Procedure. The petitioner is

accused No.1 in Crime No.540 of 2009 of Binanipuram

Police Station, Ernakulam.

2. The offences alleged against the petitioner

are under Sections 498A and 306 read with Section

34 of the Indian Penal Code.

3. The petitioner (first accused) is the mother in

law of the deceased. The petitioner and the second

accused moved an application for anticipatory bail

before the Sessions Court. As per the order dated

14/12/2009, the learned Sessions Judge granted

anticipatory bail to the second accused, but rejected

the prayer made by the petitioner. The second

accused is the grandson of the first accused.

B.A. NO. 155 OF 2010

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4. Ruby, the daughter in law of the petitioner

committed suicide, by pouring Kerosene and igniting.

She sustained serious burn injuries and she was

admitted in the hospital. The F.I. Statement was given

by her. The learned Magistrate recorded her dying

declaration.

5. The allegation is that the petitioner used

to accuse the deceased every now and then for silly

matters. The deceased, however, stated that there

was no demand for dowry and there was no

harassment on account of the same. The deceased

was suffering from Epilepsy. The allegation is that the

petitioner used to mention about her disease and used

to say that her son could get a wife having no such

disease. However, there is no case of manhandling by

the petitioner. It is also revealed that a few weeks

before the incident, the deceased and her husband

had shifted their residence to a rented house. On the

previous day of the incident, the deceased and her

husband had come to the house of the petitioner on

coming to know that the petitioner was not keeping

well. The allegation is that in the morning on

2/11/2009, while the petitioner was going to the

hospital, she directed the deceased to clean the house

and courtyard. The deceased was dissatisfied with the

behaviour of the petitioner towards her. She poured

Kerosene on her dress and ignited.

B.A. NO. 155 OF 2010

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6. I have perused the Case Diary.

7. The learned counsel for the petitioner

submitted that the petitioner is a woman aged 65

years and if she is arrested and detained, she would

be put to untold misery and hardship. The learned

counsel for the petitioner also submitted that the

petitioner is prepared to cooperate with the

investigation and to appear before the investigating

officer on any day on which she is directed to appear.

8. In the facts and circumstances of the

case, I am of the view that before disposing of the Bail

Application, an opportunity should be given to the

petitioner to appear before the investigating officer.

Accordingly, there will be a direction to the petitioner to

appear before the investigating officer at 9 A.M. on 8th

and 9th February,2010.

9. Post on 15/02/2010.

10. It is submitted by the learned Public

Prosecutor that the petitioner will not be arrested until

further orders in connection with Crime No. 540 of

2009 of Binanipuram Police Station, Ernakulam.

B.A. NO. 155 OF 2010

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The petitioner shall produce copy of this order

before the investigating officer.”

2. It is submitted by the learned counsel for the petitioner as

well as the learned Public Prosecutor that the direction in the order

dated 2.2.2010 has been complied with by the petitioner.

3. Taking into account the facts and circumstances of the

case, the nature of the offence and also taking note of the fact that

the direction in the order dated 2.2.2010 has been complied with by

the petitioner, I am of the view that anticipatory bail can be granted

to the petitioner. There will be a direction that in the event of the

arrest of the petitioner, the officer in charge of the police station shall

release her on bail on her executing bond for Rs.15,000/- with two

solvent sureties for the like amount to the satisfaction of the officer

concerned, subject to the following conditions:

a) The petitioner shall appear before the investigating
officer for interrogation as and when required;

b) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;

c) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;

B.A. NO. 155 OF 2010

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d) In case of breach of any of the conditions mentioned
above, the bail shall be liable to be cancelled.

The Bail Application is allowed to the extent indicated above.

(K.T.SANKARAN)
Judge

ahz/