Sathi Devi, D/o Rathnamma vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the 3rd accused in Crime No.1834/2021 of Valiyathura police station, alleging commission of offences under Sections 447, 294(b), 341, 323, 324, 326 and 307 r/w. 34 of the Indian Penal Code.

Allegation against the petitioner is that on 24.10.2021, at 06.00 pm, petitioner along with the other accused who are the sons of the petitioner, trespassed into the house of the de facto complainant, attacked the husband of the de facto complainant and caused serious injuries to him. It is also alleged that following the incident, husband of the de facto complainant was admitted to the hospital and nearly 70 days after the date of incident, the husband of the de facto complainant succumbed to his injuries.

Learned counsel appearing for the petitioner submits that the petitioner is a lady. It is submitted that the deceased is none other than the brother of the petitioner and there are several disputes between them regarding a pathway. It is submitted that accused Nos.1 and 2 in the case have already been released on bail. It is submitted that the deceased did not die owing to any attack by the petitioner or her sons. It is submitted that the death of the deceased was due to Covid-19 infection. It is submitted that the petitioner has been in custody for 83 days and her continued detention is not necessary in the facts and circumstances of the case.

Learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed out. The nature of the injuries suffered by the deceased are pointed out to show that the husband of the de facto complainant died owing to the attack of the petitioner and not on account of Covid-19. It is submitted that going by the postmortem report of the deceased, he died of the injuries suffered by him and not on account of Covid-19.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is a lady and also taking note of the fact that accused Nos.1 and 2 have already been released on bail, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1834/2021 of Valiyathura police station on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.1834/2021 of Valiyathura police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1834/2021 of Valiyathura police station may file an application before the jurisdictional court, for cancellation of bail.