IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 2087 of 2007()
1. RANGI, W/O.VELLINGIRI, AGED 45
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.N.NAGARESH
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :10/07/2007
O R D E R
R. BASANT, J.
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Crl.M.C.No. 2087 of 2007
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Dated this the 10th day of July, 2007
O R D E R
The petitioner, along with her husband and another, faces
allegations under Sections 302 and 201 r/w. 34 I.P.C. The
petitioner’s husband allegedly wanted to marry the widowed sister of
the petitioner. That lady allegedly had a lot of properties. The
deceased refused to marry the husband of the petitioner and it is
alleged that the husband of the petitioner caused the death of the
deceased under lure of her properties. The petitioner is also alleged
to be a colluding accused along with her husband. Her husband and
another co-accused continue to be in custody. The petitioner was
released on bail as per order dt. 24.1.2007 subject to conditions. One
such condition imposed is that the petitioner should not enter the
limits of Sholayar Police Station, within the jurisdiction of which the
offence was committed.
2. The petitioner has come to this Court with a prayer to delete
the said condition. The said condition remains in force for the past
about six months – from 24.1.2007. The petitioner is a helpless
woman. She will not in any way be able to tamper with the evidence.
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The insistence that she must reside outside Sholayar Police Station is
causing her very great hardship and difficulties. She is unable to make
both ends meet. She is unable to get a house for occupation. Her property
in her Village is being enjoyed by others with no one to protect the same. It
is in these circumstances that the petitioner wanted the said condition to be
deleted. The learned Sessions Judge rejected the said prayer and it is
accordingly that the petitioner has come before this Court.
3. The learned Prosecutor opposes the application urging that the
deletion of the condition would bring the petitioner herself to great risk.
The local people are so antagonised. The police apprehend that the safety
of the petitioner would be threatened. It is further alleged that the
petitioner might attempt to influence the witnesses.
4. Having considered all the relevant inputs, I am of the opinion that
the prayer of the petitioner can now be allowed subject to appropriate
conditions. In coming to this conclusion, I have taken note of all the
relevant aspects, including the period during which the condition has
remained. Appropriate safeguards can also be insisted.
5. This Crl.M.C. is allowed. The said condition – Condition No.2 as
per order 24.1.2007 – is hereby deleted, but with the rider that the petitioner
Crl.M.C.No. 2087 of 2007
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must report before the S.H.O., Sholayar Police Station between 5 p.m. and 6
p.m. on all Mondays, Wednesdays and Fridays until further orders. It is
further directed that the petitioner shall not contact any witnesses,
including the children of her deceased sister, after she enters the Sholayar
Police Station limits.
(R. BASANT)
Judge
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