Arundas vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Feb 22, 2021

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Citation: sooperkanoon.com/1598883
Court: Kerala Orders High Court
Judge: Honourable Mrs. Justice Shircy V.
Decided On: Feb 22, 2021
Case Number: Bail Appl./1116/2021

Parties & Advocates

Appellant / Petitioner

Arundas

Respondent

State of Kerala

Excerpt

.....inspite of the treatment imparted to her as an inpatient in azeezia medical college hospital, meeyannoor, kollam.5. the learned counsel for the petitioner has submitted that he is totally innocent of the allegationslevelled against him. in fact she was kicked by a goat and she sustained injury when she fell into a ditch in the said incident but the petitioner has absolutely no connection with the alleged incident and he is undergoing unnecessary incarceration right from 28.11.2020.6. the learned public prosecutor has produced the cd file for perusal. the cd file would reveal that the deceased had sustained injuries on 31.10.2020. the petitioner has taken her to a hospital by name 'jaimatha hospital' at odanavattom on the next day, i.e. on 1.11.2020. though the hospital authorities were ready to provide treatment to her, the petitioner had taken her fromthere and thereafter took her to the taluk hospital, kottarakkara and further to another hospital at kottarakkara. later, she was admitted in azeezia medicalcollege hospital, meeyannoor and while she was undergoing treatment in the said hospital, she succumbed to the injury at about 10.45 p.m. on 5.11.2020. the postmortem certificate which is available in the cd file would reveal that the injury sustained by her was not because she fell on a ditch as she was kicked by a goat or something like that but she had sustained injury due to kicking with foot or by punching with a clenched fist. so, the cd file would reveal that the injury sustained by her was not as narrated by the learned counsel for the petitioner. it further reveals that she sustained injury in a kick on her abdomen by the petitioner, her husband. such being the prima facie finding by the investigating agency, at this stage, if bail is granted to this petitioner, there is every possibilityto tamper with the evidence. a detailed probe into.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942 Bail Appl..No.1116 OF 2021 CRIME NO.1993/2020 OF Pooyapally Police Station, Kollam PETITIONER/ACCUSED: ARUNDAS AGED 34 YEARS O DASAN, PALLIMELETHIL VEEDU, VAPPALA MURI, ODANAVATTOM PO, KOLLAM DISTRICT BY ADV. SRI.H.PRAVEEN (KOTTARAKARA) RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA R1 BY PUBLIC PROSECUTOR R1 BY DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT: PP-- C N PRABHAKARAN . THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10.02.2021, THE COURT ON 22.02.2021 PASSED THE FOLLOWING:

ORDER

Dated this the 22nd day of February, 2021 Application for regular bail.

2. Petitioner is the accused in Crime No. 1993 of 2020 of Pooyapally Police Station registered for the offence punishable under Section 302 of Indian Penal Code.

3. The petitioner has been in custody since 28.11.2020.

4. The prosecution allegation is as follows: The petitioner married the deceased about 10 year

back and they lived as husband and wife.                        While so, on
1.11.2020       the   lady    was   admitted      in   a   hospital   as    she
sustained very grievous injuries on her abdomen.                          Though

she had undergone treatment in the intensive care unit for few days, she succumbed to the injury on 5.11.2020. On investigation, it was revealed that the accused had kicked on her abdomen and caused very serious and fatal internal injury and due to the impact of the said assault by him, she died on 5.11.2020 inspite of the treatment imparted to her as an inpatient in Azeezia Medical College Hospital, Meeyannoor, Kollam.

5. The learned counsel for the petitioner has submitted that he is totally innocent of the allegations

levelled against him. In fact she was kicked by a goat and she sustained injury when she fell into a ditch in the said incident but the petitioner has absolutely no connection with the alleged incident and he is undergoing unnecessary incarceration right from 28.11.2020.

6. The learned Public Prosecutor has produced the CD file for perusal. The CD file would reveal that the deceased had sustained injuries on 31.10.2020. The petitioner has taken her to a hospital by name 'Jaimatha Hospital' at Odanavattom on the next day, i.e. on 1.11.2020. Though the hospital authorities were ready to provide treatment to her, the petitioner had taken her from

there    and     thereafter    took       her        to     the     Taluk   Hospital,
Kottarakkara          and    further           to         another      Hospital     at
Kottarakkara.          Later, she was admitted in Azeezia Medical

College Hospital, Meeyannoor and while she was undergoing treatment in the said hospital, she succumbed to the injury at about 10.45 p.m. on 5.11.2020. The postmortem certificate which is available in the CD file would reveal that the injury sustained by her was not because she fell on a ditch as she was kicked by a goat or something like that but she had sustained injury due to kicking with foot or by punching with a clenched fist. So, the CD file would reveal that the injury sustained by her was not as narrated by the learned counsel for the petitioner. It further reveals that she sustained injury in a kick on her abdomen by the petitioner, her husband. Such being the prima facie finding by the investigating agency, at this stage, if bail is granted to this petitioner, there is every possibility

to tamper with the evidence.                 A detailed probe into the
allegation is absolutely necessary in this case.                  Moreover,
the materials so far gathered would                    reveal that she had

disclosed to her father, who visited her in the hospital while she was undergoing treatment as to how she sustained the fatal injury. The father of the deceased has expressed his suspicion regarding the cause of death mainly on her disclosure statement to him and he had even stated that his daughter died because of the cruel treatment and physical assault by her husband, the petitioner. From the CD file it is also revealed that most of the witnesses to the prosecution are the relatives of the petitioner as well the deceased. So, there is a strong possibility of the petitioner interfering with the investigation or winning over the prosecution witnesses which may result in miscarriage of justice. Considering the nature of the offences alleged against this petitioner, I do not think that it is proper to release him on bail just considering

the duration of judicial custody undergone by him.                          The
entire    circumstances    involved       in    this    case   have    to    be
probed    into   in   detail     by   the      investigating    agency       to

unearth the real facts involved in this case.

6. Hence, I think that at this stage it is not proper to grant bail to this petitioner though he has been languishing in jail for more than two months. Dismissed. Sd/- SHIRCY V. JUDGE sb

Same Court & Year Kerala Orders · 2021 Same Parties Arundas vs State of Kerala Same Judge Honourable Mrs. Justice Shircy V.

miscarriage of justice disclosure statement Public prosecutor Director General Husband and wife Police Station prima facie