IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 2749 of 2010()
1. SHAJEELA,D/O.SUBAIDA BEEVI,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. THE STATION HOUSE OFFICER, POOYAPPALLY
3. THE CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.ALEXANDER GEORGE
For Respondent : No Appearance
The Hon'ble MRS. Justice K.HEMA
Dated :18/05/2010
O R D E R
K. HEMA,J
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B.A.No.2749 OF 2010
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Dated this the 18th day of May , 2010
O R D E R
This is a petition for bail.
2. The alleged offences are under section 120B, 302
r/w 34 IPC. According to prosecution, petitioner (woman)
and the deceased Raseela were residing in the same house.
Petitioner was having illicit relationship with CW 10 and 11
which was objected to by deceased Raseela. Petitioner
became pregnant also. The deceased informed about the
affairs of petitioner to petitioner’s husband, who was
working abroad. Due to this petitioner nurtured enmity
towards deceased Raseela and she along with accused No.2
and 3 administered poison on deceased Raseela, mixed
with Soda and alcohol on 4.8.2008 and the deceased died
due to poisoning.
3. Petitioner was arrested on 2.8.2008 and she is in
B.A. No.2749 2
custody for the past one year and eight months. It is
submitted that second accused (a juvenile) and third
accused were released on bail.
4. Learned public prosecutor submitted that as per the
instructions given, if the petitioner is released on bail, it is
dangerous to her own life, since the relatives of deceased
Raseela are likely to retaliatewho live in the same locality.
Committal proceedings are pending.
5. On hearing both sides, I am satisfied that petitioner
is in custody for the past one year and eight months and the
only ground of objection is that relatives of the deceased
Raseela will retaliate if petitioner is visiting her house in the
same locality. But it appears to me that to prevent any
untoward incident, it is sufficient if conditions are imposed.
Any way, there is no ground to justify further detention of
petitioner in prison.
6. Hence the following order is passed:
Petitioner is released on bail on her
B.A. No.2749 3
executing a bond for Rs. 50,000/- with two
solvent securities each for the like sum to
the satisfaction of the learned Magistrate
concerned, on the following conditions :
i. Petitioner shall not enter the limits of
police station within which the deceased
Raseela and petitioner were residing.ii.Petitioner shall report before the
investigating officer on every Monday,
between 10 AM and 1 PM.
iii.Petitioner shall not influence or
intimidate any witnesses.
iv.In case the petitioner violates any of the
conditions, the bail is liable to be
cancelled.
Petition is allowed.
K. HEMA, JUDGE.
Sou.