IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 Bail Appl..No. 2749 of 2010() ----------------------------- CP.201/2009 of J.M.F.C.-II,KOTTARAKKARA .................... (S): PETITIONER/ACCUSED NO.1 ------------------------------------------- SHAJEELA,D/O.SUBAIDA BEEVI, DHARUL HUDHA VEEDU,504,KARINGANNOOR MURI, VELINALLOOR VILLAGE,KOTTARAKARA. BY ADV. SRI.ALEXANDER GEORGE RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA,REPRESENTED BY THE DIRECTOR OF PUBLIC PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATION HOUSE OFFICER, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, EZHUKONE POLICE STATION,KOLLAM DISTRICT. BY SRI. V. TEK CHAND, PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA,J ---------------------- B.A.No.2749 OF 2010 ----------------------------------- Dated this the 18th day of May , 2010 O R D E R This is a petition for bail. 2. The alleged offences are under section 120B, 302 r/w 34 IPC. According to prosecution, petitioner (woman) and the deceased Raseela were residing in the same house. Petitioner was having illicit relationship with CW 10 and 11 which was objected to by deceased Raseela. Petitioner became pregnant also. The deceased informed about the affairs of petitioner to petitioner's husband, who was working abroad. Due to this petitioner nurtured enmity towards deceased Raseela and she along with accused No.2 and 3 administered poison on deceased Raseela, mixed with Soda and alcohol on 4.8.2008 and the deceased died due to poisoning. 3. Petitioner was arrested on 2.8.2008 and she is in B.A. No.2749 2 custody for the past one year and eight months. It is submitted that second accused (a juvenile) and third accused were released on bail. 4. Learned public prosecutor submitted that as per the instructions given, if the petitioner is released on bail, it is dangerous to her own life, since the relatives of deceased Raseela are likely to retaliatewho live in the same locality. Committal proceedings are pending. 5. On hearing both sides, I am satisfied that petitioner is in custody for the past one year and eight months and the only ground of objection is that relatives of the deceased Raseela will retaliate if petitioner is visiting her house in the same locality. But it appears to me that to prevent any untoward incident, it is sufficient if conditions are imposed. Any way, there is no ground to justify further detention of petitioner in prison. 6. Hence the following order is passed: Petitioner is released on bail on her B.A. No.2749 3 executing a bond for Rs. 50,000/- with two solvent securities each for the like sum to the satisfaction of the learned Magistrate concerned, on the following conditions : i. Petitioner shall not enter the limits of police station within which the deceased Raseela and petitioner were residing. ii.Petitioner shall report before the investigating officer on every Monday, between 10 AM and 1 PM. iii.Petitioner shall not influence or intimidate any witnesses. iv.In case the petitioner violates any of the conditions, the bail is liable to be cancelled. Petition is allowed. K. HEMA, JUDGE. Sou.