High Court Kerala High Court

Mary vs State Of Kerala on 21 August, 2007

Kerala High Court
Mary vs State Of Kerala on 21 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 5045 of 2007()


1. MARY, AGED 65 YEARS, W/O. OUSEPH,
                      ...  Petitioner
2. GEORGE C.G., AGED 33 YEARS, S/O.

                        Vs



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

                For Petitioner  :SRI.P.VIJAYA BHANU

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :21/08/2007

 O R D E R
                               R.BASANT, J
                        ------------------------------------
                         B.A.No.5045 of 2007
                       -------------------------------------
               Dated this the 21st day of August, 2007

                                    ORDER

Application for anticipatory bail. The petitioners are accused 2

and 1 respectively in a crime registered for offences punishable, inter

alia, under Section 498 A r/w 306 I.P.C. The crux of the allegations

against the petitioners is that they were guilty of matrimonial cruelty

of the culpable variety against the deceased, who is the wife of the 1st

accused/2nd petitioner and the daughter in law of the 1st petitioner/2nd

accused. The crime was initially registered under the caption `woman

missing’. Later it was found that the deceased had jumped into a pond

near the house of the petitioners and had committed suicide.

2. According to the prosecution, the petitioners were guilty of

matrimonial cruelty against the deceased. When the crime was

registered under the caption `woman missing’, the 2nd petitioner was

questioned by the police and there is a categoric statement therein

that the 2nd petitioner husband had assaulted the deceased on that

night compelling her to go away from the house on that night. The

postmortem report also shows indications of physical violence on the

person of the deceased.

B.A.No.5045 of 2007 2

3. The learned counsel for the petitioners prays that the

petitioners may now be granted anticipatory bail. The learned Public

Prosecutor does not raise any objections against the grant of

anticipatory bail to the 1st petitioner/2nd accused, but opposes the

application vehemently in so far as the prayer of the 2nd petitioner/1st

accused is concerned. The case diary has been placed before me for

my perusal. I have perused the case diary. I reckon the stand taken

by the learned Public Prosecutor as an informed and reasonable one.

Sufficient indications to suggest complicity of the 1st accused/2nd

petitioner/husband are definitely available in the case diary. I am not

persuaded to agree that the 2nd petitioner deserves to be granted

anticipatory bail. So far as the 1st petitioner/2nd accused/mother in

law, a woman aged about 65 years is concerned, I am satisfied that

anticipatory bail can be granted to her.

4. In the result, the Bail Application is, allowed in part.

a) The petition in so far as it relates to the 2nd petitioner/1st

accused/husband of the deceased is dismissed. Needless to say that if

the petitioner surrenders before the Investigating Officer or the

learned Magistrate and applies for bail after giving sufficient prior

notice to the Prosecutor in charge of the case, the learned Magistrate

must proceed to pass appropriate orders on merits and expeditiously.

B.A.No.5045 of 2007 3

b) The following directions are issued in favour of the 1st

petitioner/2nd accused/mother in law under Section 438 Cr.P.C.

i) The 1st petitioner shall appear before the learned

Magistrate at 11 a.m on 30.08.2007. She shall be enlarged on regular

bail on his executing a bond for Rs.25,000/- (Rupees Twenty Five

thousand only) with two solvent sureties each for the like sum to the

satisfaction of the learned Magistrate;

ii) The 1st petitioner shall make herself available for

interrogation before the Investigating Officer between 10 a.m and 3

p.m on 31.08.2007 and 01.09.2007 and thereafter between 10 a.m

and 12 noon on all Mondays and Fridays for a period of two months.

Subsequently the 1st petitioner shall make herself available for

interrogation before the Investigating Officer as and when directed by

the Investigating Officer in writing to do so;

iii) If the 1st petitioner does not appear before the learned

Magistrate as directed in clause (i), directions issued above shall

thereafter stand revoked and the police shall be at liberty to arrest the

petitioner and deal with her in accordance with law as if those

directions were not issued at all;

iv) If the 1st petitioner were arrested prior to her surrender on

30.08.07 as directed in clause (1) above, he shall be released from

B.A.No.5045 of 2007 4

custody on his executing a bond for Rs.25,000/- (Rupees Twenty Five

thousand only) without any sureties undertaking to appear before the

learned Magistrate on 30.08.07.

(R.BASANT, JUDGE)
rtr/-