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Lalithambika Amma vs State Of Kerala on 12 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI

WEDNESDAY, THE 12TH DAY OF FEBRUARY 2020 / 23RD MAGHA, 1941

Bail Appl..No.8873 OF 2019

CRIME NO.775/2019 OF Paravoor Police Station , Kollam

PETITIONER/2ND ACCUSED:

LALITHAMBIKA AMMA,
AGED 70 YEARS
W/O.RAMAKRISHNA PILLAI, KALARIYIL VEEDU, REVATHY,
POZHIKKARA, PARAVOOR P.O., KOLLAM-691301.

BY ADVS.
SRI.PRATHEESH.P
SMT.S.REKHA KUMARI
SMT.S.SEETHA
SMT.ANJANA KANNATH

RESPONDENTS/STATE:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-31.

2 THE STATION HOUSE OFFICER,
PARAVOOR POLICE STATION, KOLLAM-691301.

SRI AMJAD ALI- SR.PP

THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON
05.02.2020, THE COURT ON 12.02.2020 PASSED THE FOLLOWING:
B.A.No.8873/2019
2

R.NARAYANA PISHARADI, J
************************
B.A.No.8873 of 2019
————————————————-
Dated this the 12th day of February, 2020

ORDER

This is an application for anticipatory bail filed under Section

438 Cr.P.C.

2. The petitioner is the second accused in the case

registered as Crime No. 775 of 2019 of the Paravoor Police

Station under Section 498A read with Section 34 of the Indian

Penal Code.

3. The first accused in the case is the husband of the de

facto complainant. The petitioner is the mother of the first

accused. The marriage between the first accused and the de

facto complainant was solemnized on 24.04.2017. The allegation

against the petitioner is that she had obtained the gold

ornaments of the de facto complainant and she behaved towards

the de facto complainant and treated her in a cruel manner and
B.A.No.8873/2019
3

that she drove the de facto complainant out of her house.

4. Heard the learned counsel for the petitioner and also the

learned Public Prosecutor. Perused the case diary.

5. There is no allegation that the petitioner had physically

assaulted the de facto complainant or caused hurt to her.

Considering the totality of the allegations raised against the

petitioner and the other circumstances of the case, it appears

that custodial interrogation of the petitioner is not necessary to

have an effective investigation in the case. The prosecution has

no apprehension that the petitioner would abscond on getting

bail. She is a lady aged 68 years. Considering all these aspects,

I find that the discretion of the court can be exercised in favour

of the petitioner to grant her the benefit of pre-arrest bail.

6. In the result, the petition is allowed and it is ordered as

follows:

(1) The petitioner shall be released on bail on executing a

bond for Rs.25,000/- (Rupees Twenty Five Thousand only) with

two sureties for the like amount in the event of her arrest by the
B.A.No.8873/2019
4

police in Crime No.775 of 2019 of Paravoor Police Station.

(2) The petitioner shall appear before the investigating

officer as and when directed by him in writing to do so.

(3) The petitioner shall not in any manner intimidate or

influence the de facto complainant or other prosecution witnesses

in the case.

(4) If the petitioner violates any of the conditions of bail, it

is open to the court having jurisdiction over the case to cancel

her bail without any further orders of this Court, but in

accordance with law.

(sd/-)

R.NARAYANA PISHARADI, JUDGE
jsr
True Copy

PS to Judge

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