Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH TUESDAY, THE5H DAY OF NOVEMBER201314TH KARTHIKA, 1935 Bail Appl..No. 7276 of 2013 ------------------------------- CRIME NO. 1793/2013 OF SASTHAMCOTTA POLICE STATION, KOLLAM .... PETITIONER/ACCUSED : ------------------------------------- MUTHUBEEVI,AGED60YEARS, D/O. MARIYAM BEEVI, POOVAMBILLI PUTHENPURAYIL, EDASSERRY,MYNAGAPPALLY, KOLLAM DISTRICT. BY ADVS.SRI.K.SIJU SMT.BINDU GEORGE RESPONDENT : ------------------------ STATE OF KERALA, THROUGH THE S.I. OF POLICE, SASTHAMCOTTA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. SREEJITH THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0511-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J --------------------------------------- B.A.No.7276 of 2013 ---------------------------------------- Dated this the 5th day of November, 2013 ORDER
Petitioner is the accused, in Crime No.1793 of 2013 of the Sasthamcotta Police Station for the offences punishable under Sections 498(A) and 306 of the Indian Penal Code, apprehends arrest and has filed this application.
2. Learned Public Prosecutor has submitted that daughter-in-law of the petitioner committed suicide between 18-10-2013 and 19-10-2013 after leaving behind a suicide note indicating harassment by the petitioner. It is submitted that investigation is at the preliminary stage.
3. Learned counsel for the defacto complainant has opposed the application. It is submitted that there was continued harassment by the petitioner which led the deceased to commit suicide.
4. I have gone through the C.D file and the suicide note (allegedly) left by the deceased. It is also seen from Annexure-2 that petitioner who is aged about 60 years is undergoing treatment in the Oncology Department of the Bishop Benziger Hospital, Kollam even as on 26-03-2010. Learned counsel submits that the treatment is for Cancer. B.A.No.7276 of 2013 2 5. Having regard to the facts and circumstances, I am inclined to grant relief to the petitioner but subject to conditions. Resultantly, this application is disposed of as under: a) Petitioner shall surrender before the officer investigating Crime No.1793 of 2013 of the Sasthamcotta Police Station on 11-11-2013 at 10 a.m for interrogation. b) If interrogation of the petitioner is not completed that day, she shall appear before the officer investigating the case on the day/days and time directed by her which the petitioner shall comply. c) In case arrest of the petitioner is recorded, she shall be produced before the jurisdictional magistrate the same day. d) On such production, the petitioner shall released on bail, if not required to be detained otherwise on her executing bond for Rs.20,000/- (Rupees twenty thousand only) with two sureties for the like sum each to the satisfaction of the learned magistrate and subject to the following conditions: (i) Petitioner shall report to the officer investigating the case at all reasonable time and place, when directed for interrogation. B.A.No.7276 of 2013 3 (ii) Petitioner shall not intimidate/influence the witnesses. (iii) In case any of the above conditions is violated, bail granted hereby is liable to be cancelled for which the investigating officer may move application before the jurisdictional magistrate (until committal of the case if any, and thereafter, before the learned Principle Sessions Judge concerned) as held in P.K.Shaji Vs. State of Kerala (AIR 2006 SC100. THOMAS P. JOSEPH, JUDGE AS