IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 64 of 2010()
1. ARIFA BEEVI, S/O. MUHAMMED THAMPI,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/01/2010
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
B.A.No.64 of 2010
---------------------------------------------
Dated this the 25th day of January, 2010
ORDER
This is an application for bail under Section 439 of the
Code of Criminal Procedure. The petitioner is accused No.3 in
Crime No.1039 of 2009 of Kadakkal Police Station.
2. The offences alleged against the petitioner are under
Sections 447, 294(b), 341, 324 and 302 read with Section 34 of
the Indian Penal Code.
3. The gist of the prosecution case is the following:
There was a dispute regarding immovable property, between the
deceased on the one hand and the accused on the other hand.
The first accused is the husband of accused No.3. Accused No.2
is a relative of accused No.1. The allegation is that on
20.12.2009, when the deceased came to the property in
question, the third accused informed the other accused about the
same. They rushed to the place. Accused No.2 inflicted injury
on the deceased with a chopper. Accused No.3 caught hold of
the deceased and there upon accused No.1 stabbed the deceased
BA No.64/2010 2
which resulted in fatal injuries.
4. All the accused persons in the case were arrested.
The petitioner was arrested on 21.12.2009.
5. The learned counsel for the petitioner submitted that
the petitioner, being a woman, may be granted bail on a special
consideration under the proviso to Section 437 of the Code of
Criminal Procedure.
6. The learned Public Prosecutor submitted that the
investigation has progressed much.
7. Taking into account the facts and circumstances of the
case, the duration of the judicial custody undergone by the
petitioner, the nature of the offence and the present stage of
investigation and also taking into account the fact that the
petitioner is a woman, I am of the view that bail can be granted
to the petitioner on stringent conditions.
The petitioner shall be released on bail on her executing
bond for Rs.50,000/- with two solvent sureties for the like
amount to the satisfaction of the Judicial Magistrate of the First
Class-II, Kottarakara, subject to the following conditions:
BA No.64/2010 3
a) The petitioner shall report before the investigating officer
between 9 A.M. and 11 A.M. on all Mondays and Thursdays,
till the final report is filed or until further orders;
b) The petitioner shall appear before the investigating officer
for interrogation as and when required;
c) The petitioner shall not enter into the limits of Kadakkal
Police Station for a period of two months except for
complying with conditions (a) and (b);
d) The petitioner shall not try to influence the prosecution
witnesses or tamper with the evidence;
e) The petitioner shall not commit any offence or indulge in
any prejudicial activity while on bail;
f) In case of breach of any of the conditions mentioned above,
the bail shall be liable to be cancelled.
The Bail Application is allowed as above.
K.T.SANKARAN,
JUDGE
csl