Fathima vs The Station House Officer
2023 Latest Caselaw 1509 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                      BAIL APPL. NO. 53 OF 2023
PETITIONER/S:

         FATHIMA
         AGED 21 YEARS
         WIFE OF RASHEED, KATTAMKUZHI, IRAMALLOOR P.O.,
         NELLIKUZHI, KOTHAMANGALAM, ERNAKULAM DISTRICT,
         PIN - 686691

         BY ADVS.
         R.BINDU (SASTHAMANGALAM)
         G.RAJAGOPAL (KUMMANAM)



RESPONDENT/S:

    1    THE STATION HOUSE OFFICER
         KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM,
         ERNAKULAM DISTRICT, PIN - 686691

    2    STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
         KERALA,ERNAKULAM, KOCHI, PIN - 682031

         BY ADV PUBLIC PROSECUTOR



OTHER PRESENT:

         PP: M.C.ASHI



     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
20.01.2023,     THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 B.A.No. 53 of 2023

                                              2


                               VIJU ABRAHAM, J
                             ..................................
                              B.A. No. 53 of 2023
                ................................................................
                Dated this the 20th day of January, 2023


                                         ORDER

This is an application for anticipatory bail.

2. The petitioner is the sole accused in Crime No.2148

of 2022 of Kothamangalam Police Station, Ernakulam District

registered alleging commission of offences punishable under

Sections 326 and 294(b) of the Indian Penal Code.

3. The prosecution allegation is that, wife of the defacto

complainant is working in Dubai and therefore their son aged 6

years is being looked after by the mother-in-law of the defacto

complainant. On 21.12.2022 at about 6.30 p.m., when the

defacto complainant went to the house of his wife to see the

child, the petitioner herein picked up a quarrel with the defacto

complainant and hit him with a chopper which was warded off

by the defacto complainant. In the incident, he had sustained

fracture of his right wrist. Thus, the petitioner has committed

the alleged offences.

4. I have heard the learned counsel appearing for the

petitioner as well as the learned Public Prosecutor. B.A.No. 53 of 2023

5. The learned counsel appearing for the petitioner

submits that she has been falsely implicated in the above said

crime. In fact the defacto complainant used to harass and

assault his wife, who is the sister of the petitioner herein. When

his harassment became unbearable, she went abroad leaving

her child with her mother. On 21.12.2022 the defacto

complainant under the pretext to seeing his child came to the

house where the petitioner and her family has been residing

and he was in a violent mood and he had killed the love birds

reared by the petitioner. Thereafter he assaulted the petitioner

and outraged her modesty. Thereupon, a complaint was

registered and on the basis of which a crime has been

registered as Crime No. 2139/2022 at Kothamangalam Police

Station. On coming to know about the registration of the crime,

the present complaint has been filed.

6. The learned Public Prosecutor upon instructions

submitted that the defacto complainant went to the house of the

petitioner to see his child and thereupon he was attacked with a

chopper and he sustained fracture on his right hand and

thereupon, the present crime has been registered. It is further

submitted that the petitioner has no other criminal antecedents B.A.No. 53 of 2023

and also submitted that the petitioner is ready and willing to co-

operate with the investigation.

7. Considering the facts and circumstances of case and

nature of the allegation, custodial interrogation may not be

required for the purpose of investigation, only limited custody

be granted for the same. Hence, I am inclined to grant bail to

the petitioner with the following directions:

8. Petitioner shall surrender before the investigating

officer in Crime No.2148 of 2022 of Kothamangalam Police

Station, Ernakulam District, on 24.01.2023 at 10 am. The

petitioner shall co-operate with the investigation, in the event of

arrest in Crime No.2148 of 2022 of Kothamangalam Police

Station, Ernakulam District, she shall be produced before the

Jurisdictional Court on the very same day and shall be released

on bail on the following conditions:

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional court ;

(ii) Petitioner shall appear before the investigating officer in Crime No.2148 of 2022 of Kothamangalam Police Station, Ernakulam District, on all Saturdays at 10 a.m., for a B.A.No. 53 of 2023

period of one month and thereafter as and when summoned to do so by the Investigating Officer;

(iii) Petitioner shall not attempt to (contact the victim or the defacto complainant) or interfere with the investigation or to influence or intimidate any witness in Crime No.2148/2022 of Kothamangalam Police Station, Ernakulam District;

(iv) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the

investigating officer in Crime No.2148/2022 of Kothamangalam

Police Station, Ernakulam District, may file an application

before the jurisdictional Court, for cancellation of bail.

It is made clear that it is within the power of the police to

investigate the matter and if necessary to effect recoveries on

the information if any given by the petitioner, even when the

petitioner is on bail as per the judgment of the Apex court in

Sushila Aggarwal and others v. State (NCT of Delhi) and

another [2021(1) KHC 663].

Sd/-

VIJU ABRAHAM, JUDGE Dxy