IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 Bail Appl..No. 7021 of 2009 CRIME NO.835 OF 2009 OF CHENGANNUR POLICE STATION APPLICANT/ACCUSED NO.1: ------------------------------------- SHERIN KARNAVAR, W/O.BINU KARNAVAR KARNAVAR'S VILLA, THURUTHIMEL MURI CHERIYANADU VILLAGE. BY ADV. SRI.P.VIJAYA BHANU RESPONDENT: COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE S.I.OF POLICE CHEGANNUR POLICE STATION. DIRECTOR GENERAL OF PROSECUTION SRI.V.G.GOVINDAN NAIR PUBLIC PROSECUTOR SRI.C.K.SURESH THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 7021 OF 2009 ------------------------------------------------------ Dated this the 4th day of December, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the first accused in Crime No.835 of 2009 of Chengannur Police Station. 2. The offences alleged against the accused persons are under Sections 114, 120B, 394, 449 and 302 read with Section 34 of the Indian Penal Code. 3. Bhaskara Karnavar, Karnavar's Villa, Cheriyanadu Village was found dead in the morning of 8.11.2009. The matter was reported to the police by his nephew. The crime was registered under Section 174 of the Code of Criminal Procedure. Investigation revealed that Bhaskara Karnavar was murdered. 4. The prosecution case is that the petitioner, with the help of accused Nos.2 to 4, committed the murder of Bhaskara Karnavar to B.A. NO. 7021 OF 2009 :: 2 :: grab his property, valuable documents and wealth. Bhaskara Karnavar was working in the United States of America for quite some time. His wife was also working there, who passed away few years ago. 5. The petitioner was arrested on 12.11.2009 and she was remanded to judicial custody. Accused Nos.2 to 4 have not been arrested so far. 6. The records revealed that Bhaskara Karnavar, his son, the petitioner and a maid servant were residing in the house. The driver employed by Bhaskara Karnavar was residing in the outhouse. It was found by the investigating officer that in very many places in the house, in the bedroom of Bhaskara Karnavar and on the body of Bhaskara Karnavar, chilly powder was sprinkled. According to the prosecution, this was made deliberately to avoid a sniffer dog from finding out the places where the accused had gone after committing the crime and thus tracing out the accused. It is submitted by the learned Director General of Prosecution that accused Nos.2 to 4 are experienced professionals in the matter of committing crimes. If the petitioner is released on bail, it would adversely affect the proper and B.A. NO. 7021 OF 2009 :: 3 :: effective investigation of the case. Learned Director General of Prosecution also submitted that the life of the petitioner also would be in danger if she comes out of jail. A polygraph test was conducted on the petitioner. The report of polygraph test is awaited The learned Director General of Prosecution also submitted that after seeing the report of polygraph test, the prosecution has to decide whether the petitioner should be subjected to narco analysis test. 7. Learned counsel for the petitioner submitted that the materials so far collected by the investigating agency, even if taken as true, would disclose that the petitioner could at best be said to be a prey in the hands of the other accused persons. It is submitted that the petitioner is aged 27 years and she has to maintain her daughter aged about four years. The counsel pointed out that the petitioner, being a woman, is entitled to the benefit of the proviso to Section 437 of the Code of Criminal Procedure. The counsel submits that the petitioner is prepared to abide by any condition that may be imposed by the Court. 8. In the facts and circumstances of the case, I do not think that the petitioner can be released on bail at this stage. The B.A. NO. 7021 OF 2009 :: 4 :: investigation is at the initial stage. Accused Nos.2 to 4 are not yet arrested. As rightly pointed out by the learned Director General of Prosecution, the several inputs forthcoming day by day have to be meticulously analysed and considered in the process of investigation. I am also inclined to accept the contention put forward by the learned Director General of Prosecution that even the life of the petitioner would be in danger if she is released on bail. If the petitioner is released on bail, it would certainly cause adverse impact on the proper and smooth investigation of the case. For the aforesaid reasons, the Bail Application is dismissed. (K.T.SANKARAN) Judge ahz/