IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 17TH SEPTEMBER 2010 / 26TH BHADRA 1932 Bail Appl..No. 5599 of 2010() ----------------------------- CRIME NO.608/2010 OF ANTHIKKAD POLICE STATION .................... APPLICANT / ACCUSED -------------------- DROWPATHY AGED 57, W/O.BALAN ERANEZHATH VENGALI HOUSE,PERINGOTTUKARA DESOM KIZHAKKUMURI VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S): / COMPLAINANT --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING S.I.OF POLICE ANTHIKKAD POLICE STATION. PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 17/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = B.A. No.5599 of 2010 = = = = = = = = = = = = = = Dated:17th day of September, 2010 O R D E R Petitioner, who is the sole accused in Crime No.608/2010 of Anthikkad Police Station, Thrissur District for an offence punishable under Section 302 IPC, seeks her enlargement on bail. She allegedly committed murder of her husband (who was lying paralysed for the past three years) by hitting him on the head with an iron pestle resulting in his instaneous death. The petitioner was arrested on 18.8.2010 and ever since then she is in judicial custody. She is aged 60 years. 2. The learned counsel appearing for the petitioner submitted that it was at a time when she was non-compose mentis that she allegedly inflicted fatal injuries on her paralytic husband and that she had been undergoing shock treatment for mental dearrangement which she was suffering from. 3. The learned Public Prosecutor also submitted that the Investigating Officer also has concluded that the petitioner was of unsound mind for the past one year and had been given shock treatment from the Elite Mission Hospital, Koorkancherry, Thrissur B.A. No.5599 of 2010 2 and that it was at a time when there was nobody else in the house and afflicted by the mental dearrangement that she inflicted fatal injuries on her husband. 4. The above facts, prima facie, suggest that the petitioner may have a valid defence under Section 84 IPC. The eldest son of the petitioner by name Biju Balan, 38 years has filed an affidavit before this Court undertaking to take care of the petitioner in the event of her release on bail. I am inclined to release the petitioner on bail in case her eldest son is prepared to execute a bond before the Magistrate concerned undertaking to take care of the petitioner ensuring that she does not cause any injuries to others or herself or cause any damage to property. Accordingly, the petitioner is directed to be released on bail on her executing a bond for Rs.15,000/- (Rupees Fifteen Thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M Court-II, Thrissur and subject to the following conditions:- B.A. No.5599 of 2010 3 1. The petitioner's elder son Biju Balan shall also execute a bond undertaking to take care and custody of the petitioner ensuring that she does not cause any harm to herself or others or cause any damage to property. 2. The petitioner shall make herself available for interrogation as and when required. 3. The petitioner shall not influence or intimidate the prosecution witnesses nor shall she attempt to tamper with the evidence for the prosecution. 4. The petitioner shall not commit any offence while on bail. If the petitioner commits breach of any of the above conditions, the bail granted to her shall be liable to be cancelled. This application is allowed as above. V.RAMKUMAR, JUDGE. dmb