Aysha Beevi vs State Of Kerala

P.G. Ajithkumar, J.

This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure, 1973.

The petitioner is the 2nd accused in Crime No.32/2024 of Areacode Police Station, Malappuram, for having allegedly committed the offences punishable under Sections 406, 498A read with 34 of Indian Penal Code.

The prosecution allegation is that, the petitioner, who is the mother-in-law and the 1st accused – husband, harassed and subjected the de-facto complainant to cruelty. It was also alleged that the 1st accused manhandled the de-facto complainant.

The petitioner would contend that she did not involve in the alleged crime and without any material or evidence, she was implicated in the crime.

The Sub inspector of Police, Areacode Police Station has submitted a report, through the learned Public Prosecutor, objecting the grant of bail to the petitioner.

Having heard the learned counsel on both sides and considering the nature of the offence, I am of the view that the detention of the petitioner during the period of investigation is not necessary in this case.

In the result, the bail application is allowed and the 2nd respondent is directed that, in the event of arrest, the applicant shall be released on bail on the execution of a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to his satisfaction and subject to the following conditions:

(i) She shall not influence or intimidate witnesses or tamper with evidence;

(ii) She shall appear before the investigating officer as and when called for; and

(iii) During the bail period, she shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.