IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 Bail Appl..No. 64 of 2010() --------------------------- CMP.14245/2009 of J.M.F.C.-II,KOTTARAKKARA .................... PETITIONER (S): ACCUSED A3 ------------------------------ ARIFA BEEVI, S/O. MUHAMMED THAMPI, MELECHARUVILA VEEDU, ELAMPAZHANOOR MURI, KADAKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.K.V.ANIL KUMAR RESPONDENT(S): COMPLAINANT ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.64 of 2010 --------------------------------------------- Dated this the 25th day of January, 2010 ORDER This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.3 in Crime No.1039 of 2009 of Kadakkal Police Station. 2. The offences alleged against the petitioner are under Sections 447, 294(b), 341, 324 and 302 read with Section 34 of the Indian Penal Code. 3. The gist of the prosecution case is the following: There was a dispute regarding immovable property, between the deceased on the one hand and the accused on the other hand. The first accused is the husband of accused No.3. Accused No.2 is a relative of accused No.1. The allegation is that on 20.12.2009, when the deceased came to the property in question, the third accused informed the other accused about the same. They rushed to the place. Accused No.2 inflicted injury on the deceased with a chopper. Accused No.3 caught hold of the deceased and there upon accused No.1 stabbed the deceased BA No.64/2010 2 which resulted in fatal injuries. 4. All the accused persons in the case were arrested. The petitioner was arrested on 21.12.2009. 5. The learned counsel for the petitioner submitted that the petitioner, being a woman, may be granted bail on a special consideration under the proviso to Section 437 of the Code of Criminal Procedure. 6. The learned Public Prosecutor submitted that the investigation has progressed much. 7. 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 and the present stage of investigation and also taking into account the fact that the petitioner is a woman, 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.50,000/- with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class-II, Kottarakara, subject to the following conditions: BA No.64/2010 3 a) The petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays and Thursdays, 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 enter into the limits of Kadakkal Police Station for a period of two months except for complying with conditions (a) and (b); d) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; e) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail; f) 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