Rakhi T vs State Of Kerala
2023 Latest Caselaw 10487 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
                      BAIL APPL. NO. 8077 OF 2023
PETITIONER/S:

            NIJI
            AGED 23 YEARS
            19TH MILE, MATTANNUR, KANNUR DISTRICT., PIN - 670702

            BY ADVS.
            M.ANUROOP
            MURSHID ALI M.



RESPONDENT/S:

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

            SRI. NOUSHAD   K.A., SR. P.P


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
10.10.2023, ALONG WITH Bail Appl..8411/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A.Nos.8077 & 8411/2023               -2-



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
      TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
                           BAIL APPL. NO. 8411 OF 2023
   AGAINST THE ORDER/JUDGMENT CRMC 1885/2023 OF DISTRICT COURT &
                            SESSIONS COURT,THALASSERY
PETITIONER/S:

             RAKHI T.,
             AGED 32 YEARS
             D/O SINDHU T, THENGINIYATH KANDANGALI.P.O., PAYYANNUR,
             KANNUR DISTRICT, PIN: 673 307. NOW RESIDING AT OYASIS
             QUARTERS, KELOTH, PAYANNUR P O, KANNUR DISTRICT, PIN -
             673307

             BY ADVS.
             DEEPAK RAJ
             K.SUJITH MOHAN



RESPONDENT/S:

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

             SRI. NOUSHAD      K.A., SR. P.P


      THIS    BAIL    APPLICATION    HAVING    COME   UP   FOR   ADMISSION   ON
10.10.2023, ALONG WITH Bail Appl..8077/2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 B.A.Nos.8077 & 8411/2023                       -3-

                                         ORDER

The petitioner in B.A. No.8077/2023 is the 4 th accused in Crime No.1149/2023 of

Payyannur Police Station, Kannur, while the petitioner in B.A. No.8411/2023 is the 1 st

accused in the same crime.

2. The crime has been registered alleging commission of offence under Sections

341, 323, 324 read with 34 of the Indian Penal Code and Section 75 and 77 of the Juvenile

Justice (Care and Protection of Children) Act, 2015 (the JJ Act).

3. The allegation is that the victim who is the elder son of the petitioner in B.A.

No.8411/2023 while staying along with her and his younger brother was assaulted by

friendd of his mother including the petitioner in B.A. No.8077/2023. There is also an

allegation that the victim boy was forced to drink liquor and thereby the offence under

Section 77 of the JJ Act was also attracted.

4. The learned counsel appearing for the petitioner in B.A. No.8411/2023 would

submit that after she was abandoned by her former partner with whom she has two

children including the victim in this case, she was making both ends meet by working as

housemaid and living in a rented house. It is submitted that the allegation against the

petitioner is that one Sajith who is now living with the petitioner and his friends including

the petitioner in B.A.No.8077/2023 used to regularly visit the petitioner's house for

consuming liquor and that on one particular day they assaulted the victim, caused injuries

to him and had also forced him to consume liquor. It is submitted that the allegations are

totally false and baseless. It is submitted that there is a property dispute between the

petitioner and her brother and a false case has been registered at the instance of her

brother. It is submitted that the elder son was entrusted to the care and custody of the

grand mother (mother of the petitioner) and thereafter at the instance of the petitioner's

brother a false complaint has been registered against the petitioner and others. It is also

submitted that the younger child aged 13 is in the care and custody of the petitioner and

the arrest and detention of the petitioner will cause serious prejudice to the care and

custody of the younger child.

5. The learned counsel for the petitioner in B.A. No.8077/2023 would submit

that while the allegations are as above, the only non-bailable offence alleged is that under

Section 77 of the JJ Act. It is submitted that a reading of the first information statement of

the victim would show that there can be no allegation that the petitioner had committed

offence under Section 77 of the JJ Act. It is submitted that the allegation of having caught

hold of the victim and having forced him to drink liquor are against some of the other

accused and not against the petitioner. It is submitted that the petitioner may therefore be

granted bail.

6. The learned Public Prosecutor opposed the grant of bail. The wound

certificate of the minor victim is placed before me to show that the victim suffered injuries

in the alleged attack by the accused in this case. It is submitted that the victim suffered

contusions as also bleeding from the ear and the case of the victim and he was assaulted by

his mother and her friends cannot be completely ruled out at this stage. It is submitted that

going by the first information statement of the victim a person is now living with the

mother of the victim and his friends used to consume liquor in the house where the victim

was staying along with his mother and younger brother and that on a particular day in

question victim was brutally assaulted and forced to drink liquor. It is submitted that a

reading of the first information statement clearly shows that there are allegations against

both the petitioners and therefore they are not entitled to bail. It is also pointed that 3 rd

accused already been arrested.

7. Having heard the learned counsel appearing for the petitioner and the

learned Public Prosecutor, I am of the view that the petitioner in B.A. No.8411/2023 can be

granted anticipatory bail taking into consideration of the fact that she is woman and also

taking into consideration the fact that her younger child is in her care and custody and

there is no one else to take care of that child. In so far as the petitioner in B.A.

No.8077/2023 is concerned I am of the view that he cannot be granted anticipatory bail.

The learned Public Prosecutor is right in contending that going by the contents of the first

information statement, there are clear allegations against the petitioner also. Whether the

petitioner was actually involved in commission of any of the offences as alleged is a matter

for investigation and trial. At this stage it is difficult to assume that there are no allegations

against the petitioner in B.A. No.8077/2023. Therefore the anticipatory bail application of

the petitioner in B.A No.8077/2023 is dismissed, while the anticipatory bail is granted to

the petitioner in B.A. No.8411/2023. The petitioner in B.A. No.8411/2023 shall be

released on bail in the event of her arrest in connection with Crime No.1149/2023 of

Payyannur Police Station, Kannur subject to the following conditions:-

(i) The petitioner in B.A. No.8411/2023 shall execute bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the

satisfaction of the arresting officer;

(ii) The petitioner in B.A. No.8411/2023 shall appear before the investigating officer in

Crime No.1149/2023 of Payyannur Police Station, Kannur as and when called upon

to do so;

(iii) The petitioner in B.A. No.8411/2023 shall not attempt to interfere with the

investigation, influence or intimidate the victim or any witness in Crime

No.1149/2023 of Payyannur Police Station, Kannur;

(iv) The petitioner in B.A. No.8411/2023 shall not involve in any other crime while on

bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime

No.1149/2023 of Payyannur Police Station, Kannur may file an application before the

jurisdictional Court for cancellation of bail.

If the petitioner in B.A. No.8077/2023 surrenders before the investigating officer in

Crime No.1149/2023 of Payyannur Police Station, Kannur within a period of 10 days from

today he shall be produced before the jurisdictional Magistrate on the same day and if any

bail application is filed, the same shall be considered without undue delay.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF BAIL APPL. 8411/2023

PETITIONER ANNEXURES

Annexure 1 A TRUE COPY OF THE FIRST INFORMATION REPORT AND FIRST INFORMATION STATEMENT IN CRIME NO: 1149/2023 OF PAYYANNOOR POLICE STATION

Annexure 2 A TRUE COPY OF THE AGREEMENT DATED 20/1/2020 EXECUTED BETWEEN THE PETITIONER AND THE HUSBAND OF THE PETITIONER

Annexure 3 A TRUE COPY OF THE PRESCRIPTION DATED 5/9/2023

Annexure 4 CERTIFIED COPY OF THE ORDER DATED 18.09.2023 IN CRL.MC NO: 1885/2023 PASSED BY THE HON'BLE SESSIONS COURT, THALASSERY

Annexure 5 A TRUE COPY OF THE MRI STUDY OF THE LUMBOSACRAL SPINE DATED 11.10.2022 ISSUED BY GOVERNMENT MEDICAL COLLEGE KANNUR

APPENDIX OF BAIL APPL. 8077/2023

PETITIONER ANNEXURES

Annexure-A1 TRUE COPY OF THE FIR IN CRIME NO. 1149/2023 OF PAYYANUR POLICE STATION IN KANNUR DISTRICT DATED 05-

09-2023.