Judgment · High Court
Case at a glance
Outcome
Bail granted
In the result, this bail application is allowed on the
Provisions considered
Key paragraphs
- Para 66. The petitioners are senior citizens and their custodial interrogation is not necessary for the purpose of investigation considering the nature of allegations levelled against them. Investigation has progressed substantially as reported by the learned Public Prosecutor, on instructions. In the result, this bail application…
Judgment
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 STATION HOUSE OFFICER, HARIPPAD POLICE STATION, ALAPPUZHA, PIN - 690514 OTHER PRESENT: SRI. VIPIN NARAYAN A -SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 574 OF 2024 2 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, filed by accused Nos.1 to 3 in Crime No.11 of 2024 of Harippad Police Station, Alappuzha, registered under Sections 498-A read with 34 of Indian Penal Code.
The prosecution allegation is that, the petitioners, who are the sisters and brother of the deceased husband of the defacto complainant, subjected her to mental and physical harassment stating that she was responsible for the death of her husband.
Heard learned counsel for the petitioners and learned Public Prosecutor.
Learned Public Prosecutor opposed the bail application.
Learned counsel for the petitioners would submit that husband of the defacto complainant was a retired Deputy Superintendent of Police, and he was found dead in a railway track under mysterious circumstances. The petitioners being the BAIL APPL. NO. 574 OF 2024 3 sisters and brother of the deceased, filed a complaint before police to conduct an investigation about his mysterious death, and it was reported in local newspapers. They did nothing to cause any kind of harassment to the defacto complainant.
Operative part
The petitioners are senior citizens and their custodial interrogation is not necessary for the purpose of investigation considering the nature of allegations levelled against them. Investigation has progressed substantially as reported by the learned Public Prosecutor, on instructions. In the result, this bail application is allowed on the following terms:-
(i) In event of arrest the petitioners shall be released on bail on executing bond for Rs.50,000/- each (Rupees fifty thousand only), with two solvent sureties each for the like sum to the satisfaction of the arresting officer.
(ii) Petitioners shall appear before the Investigating Officer as and when directed.
(iii) Petitioners shall not influence or intimidate the wintesses or tamper with the investigation. BAIL APPL. NO. 574 OF 2024 4 (iv) Petitioners shall not commit any offence, while on bail. In case of violation of the bail conditions, the trial court is empowered to cancel the bail, in accordance with law. Sd/- SOPHY THOMAS JUDGE BAIL APPL. NO. 574 OF 2024 5 APPENDIX OF BAIL APPL. 574/2024 PETITIONER ANNEXURES Annexure-A1 Annexure-A2 Annexure-A3 TRUE PHOTOCOPY OF THE FIR IN CRIME NUMBER 11/2024 OF HARIPPAD POLICE STATION TRUE PHOTOCOPY OF THE NEWSPAPER REPORT PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 21.12.2023 TRUE PHOTOCOPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT UNDER SECTION 41-A(1) CR PC TO THE 1ST PETITIONER
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, this bail application is allowed on the
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.