IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 Bail Appl..No. 1233 of 2008() ----------------------------- CRIME NO. 9/08 OF KUTTAMPUZHA POLICE STATION CMP.364/2008 OF JUDL. MAGISTRATE OF FIRST CLASS, KOTHAMANGALAM .................... PETITIONER/ACCUSED ----------------------------------- OMANA VIJAYAN, AGED 35 YEARS, W/O.VIJAYAN, ELAVUNGAL HOUSE, POONJAR, RESIDING AT KAMBI LANE, 6TH MILE, MAMALAKANDOM, KUTTAMPUZHA, KOTHAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.AJEESH S.BRITE RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, THROUGH THE STATION HOUSE OFFICER, KUTTUMPUZHA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1233 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of March, 2008 O R D E R Application for regular bail. The petitioner is the second accused. Her husband is the first accused. The alleged incident took place on 4.2.2008. The petitioner was arrested on 5.2.2008. The accused and the defacto complainant are neighbours. They reside near the forest. They were depending on a common water source in the forest. There is some disputes between the accused and the defacto complainant about the drawal of water. Consequent to that dispute the first accused is alleged to have beaten the deceased with a wooden stick. He suffered injuries and succumbed to those injuries. The allegation in the F.I.R. lodged by the wife of the victim is that after the deceased fell on infliction of injuries by the first accused, the petitioner had gone to the deceased and hit him with hands. The petitioner is alleged to have been vicariously liable for the murder of the deceased. B.A.No. 1233 of 2008 2 She remains in custody from 5.2.2008. Her husband has surrendered before the Magistrate. Investigation is in progress. 2. The learned Prosecutor submits that the State does not want to oppose the application of the wife/petitioner herein, in the peculiar facts and circumstances of the case. The same may not be reckoned as an a right of the husband to claim bail, clarifies the Prosecutor. 3. I am satisfied that the petitioner, who has remained in custody from 5.2.2008, can now be granted regular bail. In the absence of opposition, it is not necessary for me to advert to facts in any greater detail in this order. 4. In the result: 1) This application is allowed. 2) The petitioner shall be released on bail on the following terms and conditions. (a) The petitioner shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. B.A.No. 1233 of 2008 3 (b) The petitioner shall make herself available for interrogation before the Investigating Officer between 10 a.m. and 12 noon on all Mondays and Fridays for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm