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Jaisamma Rajan vs The State Of Kerala on 12 March, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

THURSDAY, THE 12TH DAY OF MARCH 2020 / 22ND PHALGUNA,
1941

Bail Appl..No.1341 OF 2020

AGAINST THE ORDER/JUDGMENT IN CRMC 2132/2020 OF DISTRICT
COURT SESSIONS COURT,KOLLAM

CRIME NO.1747/2019 OF Sasthamcotta Police Station ,
Kollam

PETITIONER/4th ACCUSED:

JAISAMMA RAJAN, AGED 54 YEARS
W/O.RAJAN GEORGE, RESIDING AT LIZY MANDHIRAM,
KOZHIKAL BHAGAM, KUNNATHOOR, SASTHAMCOTTA,
WEST KALLADA, KOLLAM DISTRICT, NOW RESIDING
AT CHARUVILAYIL PUTHANVEEDU, THUVAYOOR,
SOUTH.P.O., KADAMPANADU, PATHANAMTHITTA-
691552.

BY ADV. SRI.S.SREEKUMAR (KOLLAM)

RESPONDENTS/STATE:

1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM-682031.

2 THE STATION HOUSE OFFICER,
SASTHAMCOTTA POLICE STATION, KOLLAM,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.

OTHER PRESENT:

AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.03.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
BAIL APPLICATION No. 1341 of 2020

..2..

BAIL APPLICATION No. 1341 of 2020
——————————————-

ORDER

This is an application for anticipatory bail under

Section 438 of the Code of Criminal Procedure.

2. The petitioner is the fourth accused in Crime

No. 1747 of 2019 of Sasthamcotta Police Station registered for

offences punishable under Sections 498A, 323, 324, 294(b)

and 506 read with Section 34 of the Indian Penal Code. The

petitioner is the sister-in-law of the de facto complainant. The

accusation against the accused in essence is that the

petitioner has subjected the de facto complainant to cruelty

when they were residing together.

3. Heard the learned counsel for the petitioner as

also the learned Public Prosecutor.

4. I have gone through the case diary. It is seen

that the dispute arose on account of the matrimonial discord

between the de facto complainant and her husband, the first

accused. In the circumstances, in the light of the decision of

the Apex Court in Siddharam Satlingappa Mhetre v. State
BAIL APPLICATION No. 1341 of 2020

..3..

of Maharashtra, (AIR 2011 SC 312), I am inclined to grant

anticipatory bail to the petitioner on the following conditions:

i) The petitioner shall make herself available for
interrogation before the Investigating Officer within ten
days from today. She shall also make herself available
for interrogation before the Investigating Officer as
and when directed by the Investigating Officer in
writing to do so;

ii) If the petitioner is arrested prior to, or after her
appearance before the Investigating Officer in terms of
this order, she shall be released from custody on
execution of a bond for Rs.25,000/- with two sureties
each for the like sum.

(iii) The petitioner shall not influence or intimidate the
prosecution witnesses nor shall she attempt to tamper
with the evidence of the prosecution.

iv) The petitioner shall not involve in any other
offence while on bail.

Sd/-

P.B.SURESH KUMAR
JUDGE
ds 12.03.2020

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