Kerala High Court
Bindulekha vs State Of Kerala on 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
BAIL APPL. NO. 3105 OF 2022
CRIME NO.157/2022 OF Maranallor Police Station,
Thiruvananthapuram
PETITIONER/1st ACCUSED:
BINDULEKHA
AGED 42 YEARS
D/O. INDIRADEVI,
KULAPPALLIVILAKAM VEEDU, KANDALA AZHAKAM,
MARANALLOOR DESOM, MARANALLOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT., PIN - 695512
BY ADV SHAJIN S.HAMEED
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031
SR.P.P ADV. SREEJA V.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BAIL APPL. NO. 3105 OF 2022
2
P.V.KUNHIKRISHNAN, J
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B.A.No.3105 of 2022
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Dated this the 4th day of May, 2022
ORDER
This Bail Application is filed under Section 439 of
Criminal Procedure Code.
2. Petitioner is the 1st accused in Crime No.157 of
2022 of Maranalloor Police Station,
Thiruvananthapuram. The above case was initially
registered alleging offences punishable under Sections
294(b), 341, 447, 354, 323, 324, 307 r/w 34 IPC.
Subsequently, the offence under Section 302 IPC was
also added after deleting Section 307 IPC.
3. The prosecution case is that on 01.03.2022 at
7.45 a.m, the 2nd accused trespassed into the property
of the de facto complainant, caught on her hand and
BAIL APPL. NO. 3105 OF 2022
attempted to misbehave with her. While so, she
escaped and ran inside the house. On hearing the
sound of de facto complainant, her husband came out
of the house, but the 2nd accused used obscene words
and assaulted him. When the de facto complainant
intervened, the 2nd accused assaulted her. It is also
alleged that the 2nd accused kicked the husband of de
facto complainant down when he tried to rescue her. It
is further stated that while the husband of the de facto
complainant ran out of the property, the 2 nd accused
chased him and pushed him down. While so, the 1 st
accused came to the scene with a rubber tree stick and
using the same hit on the head of the husband of the
de facto complainant, by which he fell down. He was
taken to the Medical College Hospital. Subsequently he
died. Hence it is alleged that the petitioner committed
the offences inter alia under Section 302 IPC.
4. Heard counsel for the petitioner and the Public
BAIL APPL. NO. 3105 OF 2022
Prosecutor. The learned counsel for the petitioner
submitted that the petitioner is in custody from
01.03.2022 onwards. The counsel submitted that the
serious allegation is against the 2 nd accused. The
counsel also submitted that even if the entire
allegations are accepted, it is clear that the petitioner
intervened because of the sudden situation arised
there. The counsel submitted that even if the entire
allegations are accepted, the offence under Section 302
is not attracted in this case. The counsel submitted that
the alleged weapon used by the petitioner is not
sufficient to cause death. The learned Public Prosecutor
seriously opposed the Bail Application. The Public
Prosecutor submitted that the petitioner committed
serious offence. The Public Prosecutor submitted that
the investigation is in the preliminary stage and the
petitioner may not be released on bail. It is true that the
allegations against the petitioner are very serious in
BAIL APPL. NO. 3105 OF 2022
nature. But the petitioner is in custody from 01.03.2022
onwards. The petitioner is the sister of the 2 nd accused.
A perusal of the incident, it is clear that the major
portion of the overt acts are by the 2 nd accused and the
petitioner was actually came to the scene subsequently.
Section 302 IPC was added subsequently. I do not want
to make any further observation. Considering the facts
and circumstances of the case and also considering the
fact that the petitioner is in custody from 01.03.2022
onwards, the petitioner can be released on bail on
stringent conditions.
5. Moreover, it is a well accepted principle that the
bail is the rule and the jail is the exception. The Hon'ble
Supreme Court in Chidambaram. P v Directorate of
Enforcement (2019 (16) SCALE 870), after
considering all the earlier judgments, observed that, the
basic jurisprudence relating to bail remains the same
in as much as the grant of bail is the rule and refusal is
BAIL APPL. NO. 3105 OF 2022
the exception so as to ensure that the accused has the
opportunity of securing fair trial.
6. Considering the dictum laid down in the above
decision and considering the facts and circumstances of
this case, this Bail Application is allowed with the
following directions:
1. Petitioner shall be released on
bail on executing a bond for Rs.50,000/-
(Rupees Fifty Thousand only) with two
solvent sureties each for the like sum
to the satisfaction of the jurisdictional
Court.
2. The petitioner shall appear
before the Investigating Officer for
interrogation as and when required.
The petitioner shall co-operate with the
investigation and shall not, directly or
indirectly make any inducement, threat
BAIL APPL. NO. 3105 OF 2022
or promise to any person acquainted
with the facts of the case so as to
dissuade him/her from disclosing such
facts to the Court or to any police
officer.
3. Petitioner shall not leave India
without permission of the jurisdictional
Court.
4. Petitioner shall not commit an
offence similar to the offence of which
she is accused, or suspected, of the
commission of which she is suspected.
5. The petitioner shall appear before
the investigating officer on all Mondays
and Fridays at 10.a.m till final report is
filed in the above case.
6. If any of the above conditions are
violated by the petitioner, the
BAIL APPL. NO. 3105 OF 2022
jurisdictional Court can cancel the bail
in accordance to law, even though the
bail is granted by this Court. The
prosecution and the victim are at
liberty to approach the jurisdictional
court to cancel the bail, if there is any
violation of the above conditions.
sd/-
P.V.KUNHIKRISHNAN, JUDGE
hmh
.
BAIL APPL. NO. 3105 OF 2022
