IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 Bail Appl..No. 771 of 2010() ---------------------------- CRIME NO.618/2009 OF NOORANADU POLICE STAION .................... PETITIONER : ACCUSED ------------------------------ UMAIBA BEEVI @ UMAIBAN,AGED 65 YEARS, W/O.MAJEEDKUNJU,ERUMAPPURATHU VEEDU, THAMARAKKULAM MEKKUM MURI,THAMARAKKULAM VILLAGE. BY ADV. SRI.A.AHZAR RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE,NOORANADU POLICE STATION,NOORANADU,ALLEPPEY. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.771 of 2010 --------------------------------------------- Dated this the 15th day of February, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.618 of 2009 of Nooranadu Police Station. 2. The offences alleged against the petitioner are under Sections 498A, 302 and 307 of the Indian Penal Code. 3. The prosecution case is that on 15.12.2009, the accused pushed her daughter-in-law and grandson into a well. The grand son died while the daughter-in-law sustained fracture. It is alleged that the accused used to harass her daughter-in-law demanding dowry. On the date of the incident, there was a quarrel between the petitioner and her daughter-in-law. The daughter-in-law came near the well and she was taking water for washing her face. The grandson of the petitioner was being taken by the daughter-in-law of the petitioner and at that time, it is alleged that the petitioner pushed her daughter-in-law into the well. BA No.771/2010 2 4. The petitioner was arrested on 23.1.2010. It is stated that she had moved an application for anticipatory bail before this Court. That application was dismissed and thereafter, she was arrested. The petitioner is in judicial custody since 23.1.2010. It is stated that the petitioner is aged 65 years. 5. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence, the relationship between the parties, the present stage of investigation and all other relevant circumstances, I am of the view that bail can be granted to the petitioner on stringent conditions. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Mavelikara, subject to the following conditions: a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays for a period of two months and thereafter on all Mondays, till the final report is filed or until further orders; b) The petitioner shall appear before the investigating officer for interrogation as and when required; c) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; BA No.771/2010 3 d) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed as above. K.T.SANKARAN, JUDGE csl