IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 Bail Appl..No. 4190 of 2008() ----------------------------- CMP.5553/2008 of J.M.F.C.-II,NEYYATTINKARA CRIME NO. 194/2008 OF VIZHIJAM POLICE STATION ) PETITIONER --------------------------- RAJAMMA @ RAJAM, D/O.LIZAL, MANDIRAM, AZHIMALA, KOTTUKAL DESOM & VILLAGE THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K. HEMA, J. ----------------------------------------------- Bail Appl.No. 4190 of 2008 ----------------------------------------------- Dated this the 30th day of June, 2008. ORDER Petition for bail. 2.The alleged offences are under Section 308 and 34 of IPC. According to prosecution, the petitioner and her sons forcibly made the de facto complainant to consume squash containing poison, since he refused to pay back huge amount which he owed to the petitioner. 3. Learned Public Prosecutor submitted that the de facto complainant complainant himself was suppressing certain facts and it is understood from the statement given by the petitioner that she was having illicit relationship with de facto complainant but the de facto complainant decided to marry and hence poison was administered. It is also revealed that petitioner herself consumed poison after the incident and, hence, the matter requires thorough investigation. But, the petitioner is not co-operating with the investigation and hence, police is [B.A.4190/08] 2 taking steps to take custody of the petitioner for interrogation, it is submitted. In such circumstances, this petition is opposed. 4. Learned counsel for the petitioner submitted that petitioner is aged 52 years (but petitioner's age is shown as 48 years in the case diary) and the de facto complainant is 35 years. On the date of occurrence, he went to the house of the de facto complainant only to invite her for his marriage and there is no illicit relationship, as alleged. Such allegations are made without any basis, it is submitted. It is also pointed out that the alleged motive for the crime is refusal to return the money, but according to him, it is highly improbable that a lady will administer poison to a debtor from whom she has to get money. 5. On hearing both sides, I find that this Court shall not stand in the way of the investigating officer in taking steps to get custody of the petitioner for interrogation. Hence, I am not inclined to grant bail to the petitioner at this stage. Petition is dismissed. K. HEMA, JUDGE. Krs.