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.1489 OF 2020
AGAINST THE ORDER/JUDGMENT IN CRMC 247/2020 DATED 17-02-
2020 OF DISTRICT COURT SESSIONS COURT,THALASSERY
CRIME NO.600/2019 OF Sreekandapuram Police Station ,
Kannur
PETITIONER/ACCUSED NO.1:
SARADA KOONATH, AGED 55 YEARS
W/O.CHEMMARAN, PUTHUSSERY HOUSE,
AMBEDKAR COLONY, NIDIYENGA AMSOM,
KARAYATHUMCHAL, TALIPARAMBA TALUK,
KANNUR DISTRICT
BY ADV. SRI.B.MUHAMMED SHAHEEL
RESPONDENT/STATE:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
COCHIN-682031
(INVESTIGATING OFFICER IN CRIME NO.600/2019
OF SREEKANDAPURAM POLICE STATION,
KANNUR DISTRICT)
OTHER PRESENT:
AMJAD ALI SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 12.03.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No.1489 OF 2020
..2..
Bail Appl..No.1489 OF 2020
——————————————-
ORDER
This is an application for anticipatory bail under
Section 438 of the Code of Criminal Procedure.
2. The petitioner is the first accused in Crime No.
600 of 2019 of Sreekandapuram Police Station registered for
offences punishable under Sections 341, 324, 294(b), 506 and
498A of the Indian Penal Code. The petitioner is the mother-in-
law of the de facto complainant in the case. 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 son
of the petitioner. In the circumstances, in the light of the
decision of the Apex Court in Siddharam Satlingappa
Bail Appl..No.1489 OF 2020
..3..
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 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