IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 13TH DAY OF JANUARY 2020 / 23RD POUSHA, 1941
Bail Appl..No.9198 OF 2019
AGAINST THE ORDER/JUDGMENT IN CRMC 1892/2019 DATED 07-12-2019 OF
DISTRICT COURT SESSIONS COURT,THALASSERY
PETITIONERS/2nd ACCUSED:
PRAJINA.C.M,
AGED 29 YEARS
W/O. K.P. BIJU, KEEYINTAPARAMBATH HOUSE,
PADIKACHAL, ULIYIL P.O. KANNUR DISTRICT 670 702.
BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, 682 031.
2 S.H.O.,
MATTANNUR POLICE STATION, KANNUR DISTRICT 670 571.
SRI.SANTHOSH PETER – SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.01.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.9198 OF 2019
2
Bail Application No.9198 of 2019
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ORDER
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. The petitioner is the second accused in Crime
No.749 of 2019 Mattannur Police Station, Kannur District,
registered under Sections 498A and 306 read with Section 34
of the Indian Penal Code. The petitioner is the sister of one
Prejith. Accused nos.1 and 3 in the case are the parents of
Prejith. The wife of Prejith committed suicide on 02.11.2019.
The allegation is that the petitioner is responsible for the
suicide of the wife of Prejith.
3. Heard the learned counsel for the petitioner
as also the learned Public Prosecutor.
4. The learned Public Prosecutor has made
available the statement given by Prejth, on the basis of which
the crime is registered. The statement indicates that accused
nos.1 and 2 have subjected the deceased to cruelty while she
Bail Appl..No.9198 OF 2019
3
was residing with them. There is only solitary reference to the
petitioner in the said statement. Even the same appears to
me to be a vague one.
5. In the circumstances, having regard to the
totality of the facts and circumstances of the case and having
regard to the decision of the Apex Court in Siddharam
Satlingappa Mhetre v. State 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
seven 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.
Bail Appl..No.9198 OF 2019
4
(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.
PV
