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Sreedevi vs State Of Kerala on 7 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA,
1940

Bail Appl..No. 557 of 2019

AGAINST THE ORDER/JUDGMENT IN CRMC 118/2019 of DISTRICT
COURT SESSIONS COURT, ERNAKULAM DATED 21-01-2019

CRIME NO.1458/2018 OF Munambom Police Station, Ernakulam

PETITIONER/S:

SREEDEVI, AGED 36 YEARS
D/O RAVI,PURAKKATTU(H),CHERAI KARA,
PALLIPURAM VILLAGE.

BY ADV. SRI.M.VIVEK

RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM.

2 ADDL.R2 MAHESWARI
SOUGHT TO BE IMPLEADED
MAHESWARI, AGED 45 YEARS, W/O SUDHARMAN,
THATHAMBIL HOUSE, NEAR SREEKRISHNASWAMI
TEMPLE, MUNAMBAM, PALLIPPURAM, PALLIPORT,
ERNAKULAM-683515.
IS IMPLEADED AS PER ORDER DATED 27.2.19 IN
CRL.M.A NO.1/19 IN BA 557/2019.

BY ADV. SRI.K.I.SAGEER

OTHER PRESENT:
SRI.SAIGY JACOB PALATTY- PUBLIC PROSECUTOR

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.03.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
::2::
Bail Appl.No.557 of 2019

ALEXANDER THOMAS, J.
———————————–
B.A.No.557 Of 2019
———————————
Dated this the 7th day of March, 2019.

ORDER

The petitioner is the accused No.1 in Crime No.1458/2018 of

Munambam Police Station, which has been registered for offences

punishable under Sec.324 of I.P.C., and Secs.23 75 of the Juvenile

Justice Act.

2. The brief of the prosecution case is that the petitioner

while residing along with her two sons had brought accused No.2 to

the house with whom she is having relationship and they went along

with the children to a tourist place and the petitioner told her

children to address the 2nd accused as father which was turned down

by the elder son whereby the petitioner had thrown a knife on him

and poured hot tea on her elder son and beat the younger son using a

belt in front of the elder son, etc. It is further alleged that the

younger son had told the elder that the 2 nd accused had once pressed

a pillow on his face and thereby committed the offences.

3. The petitioner would contend that these allegations are

falsely raised only after the petitioner has filed a Guardian O.P before

the Family Court for getting custody of the children and the
::3::

Bail Appl.No.557 of 2019

petitioner has filed a divorce petition and a petition for permanent

custody of the children, etc.

4. It is now pointed out by the learned counsel for the

petitioner as well as the counsel for the 2 nd respondent that the

Family Court has now passed orders denying custody of the children

to the petitioner and which was granted to the father of the children

and the petitioner has been granted only limited visitation rights as

per the orders of the Family Court, etc.

5. Taking into account the various aspects of the matter,

more particularly, the allegations raised by the petitioner, this Court

is of the considered view that the petitioner will have to fully co-

operate with the Investigating Officer for interrogation for

effectuating a fair and fruitful investigation. Hence, this Court is of

the view that instead of straight away granting bail to the petitioner,

in the interest of both sides, the following orders are passed:

(i) The petitioner will surrender before the
Investigating Officer in respect of the abovesaid
Crime at 10:00 a.m. on 23.3.2019 to subject herself
for interrogation.

(ii) The Investigating Officer will conduct the
interrogation on the same day. If the interrogation
process is not completed on the same day, the
Investigating Officer will be at liberty to direct the
petitioner to appear before him for further
interrogation on the next day or any day fixed by
him, which the petitioner has to comply with.

::4::

Bail Appl.No.557 of 2019

(iii) After completing the above interrogation process, in
case the Investigating Officer records the arrest of the
petitioner, then she shall be released on bail on her
executing a bond for Rs.40,000/- (Rupees Fourty
Thousand only) and on furnishing two solvent sureties
for the like sum each to the satisfaction of the
Investigating Officer concerned. Further it is also
ordered that it will be subject to following conditions:-

(a) The petitioner shall not involve in any criminal
offences of similar nature.

(b) The petitioner shall fully co-operate with the
investigation.

(c) The petitioner shall report before the
Investigating Officer as and when required in
that connection.

(d) The petitioner shall not influence witness or shall
not tamper or attempt to tamper evidence in any
manner, whatsoever.

(iv) If the petitioner does not comply with the directions
issued by this Court to subject to the interrogation
process, then the benefit of the directions issued by this
Court will automatically stand vacated without any
further orders of this Court.

(v) The access of the petitioner to the children would be fully
regulated by the conditions and orders that may be
rendered by the Family Court, which the petitioner shall
faithfully adhered to.

If the petitioner violates all or any of the bail conditions, then the

jurisdictional court concerned will stand hereby authorised, to consider

the plea for cancellation of bail, if required, in accordance with law.

With these observations and directions, the Bail Application

stands disposed of.

Sd/-

ALEXANDER THOMAS,
Judge.

Bkn/-

::5::

Bail Appl.No.557 of 2019

APPENDIX
PETITIONER’S EXHIBITS

ANX-A: PETITION IN G.O.P.NO.734/2018 PENDING BEFORE
THE FAMILY COURT, THRISSUR.

ANX-B: LETTER DTD. 4.1.2019 RECEIVED FROM THE INFANT
JESUS PUBLIC SCHOOL, NORTH PARAVUR.

ANX-C: ORDER DTD. 21.1.2019 IN CRL.M.C.NO.118/2019 OF
SESSIONS COURT, ERNAKULAM.

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