Aishakutty vs Vs State Of Kerala

K.Haripal, J

1.This is an application filed by the sole accused in Crime No.791/2021 of Karunagappally Police Station, which was registered alleging offence

punishable under Sections 323, 324, 307 of the Indian Penal Code.

The alleged incident had happened on 06.06.2021 at 7 A.M. and the defacto complainant is none other than the husband of the petitioner. The

defacto complainant is 75 years old and the petitioner is reportedly 69 years old. The allegation is that she had attacked and injured the defacto

complainant with a wooden log and also caused injuries on his neck with a blade. The petitioner was arrested on 06.06.2021 and since then is in

judicial custody.

I heard the learned counsel for the petitioner. According to him, the defacto complainant has since filed an affidavit stating that the petitioner may

be released, that he has no one else to be looked after.

The learned Public Prosecutor has pointed out that this is the second incident in which she had attacked and injured the defacto complainant; in an

earlier instance also a crime alleging offence under Section 324 of IPC was registered.

Now the investigation has progressed considerably and weapons of offence have been recovered. The petitioner is a 69 year old lady. Considering

all these aspects and considering the relationship between the petitioner and the defacto complainant, bail can be granted to her subject to the

following conditions:-

i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court;

ii) She shall not try to contact or influence the witnesses or tamper with the evidence;

iii) She shall not enter Karunagappally police station limits, until further orders, except for attending courts;

iv) Petitioner shall not leave India without permission of the jurisdictional Court;

v) She shall appear before the committal/trial court as and when required;

vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of

Covid 19 pandemic;

vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.