Dhrisya vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the second accused in Crime No.897/2023 of Chevayur Police Station, Kozhikode, alleging her and the first accused to have committed the offences punishable under Sections 452, 324, 326, 307 and 120B read with Section 34 of the Indian Penal Code,1860 The petitioner was arrested on 18.11.2023.

The prosecution case, in brief, is that: On 08.10.2023 at about 10 p.m., the first accused trespassed into the house of the de facto complainant and stabbed him with a knife and attempted to murder him. In pursuance of a conspiracy entered into between the accused Nos. 1 & 2 that the above incident occurred. Thus, the accused have committed the above offences.

Heard; Sri. P.Jeril Babu, the learned counsel appearing for the petitioner and Smt.Seetha S. the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against her. Even going by the prosecution case, the only offence alleged against the petitioner is under Section 120B of the IPC. Moreover, the first accused has been released on bail as per the order dated 07.12.2023 in B.A.No.10406/2023 (Annexure-4). The petitioner has been in incarceration since 18.11.2023. Hence, the petitioner may be released on bail.

The learned Public Prosecutor conceded to the fact that the petitioner is in custody since 18.11.2023 and the first accused has been released on bail by Annexure-4 order.

On a consideration of the materials placed on record and particularly taking note of the fact that this Court has released the first accused on bail by Annexure-4 order and the petitioner has been in incarceration since 18.11.2023, I do not find any further necessity for the petitioner to remain in the judicial custody. Hence, I am of the view that the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on her executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is filed, whichever is earlier. She shall also appear before the Investigating Officer as and when required;

(ii)The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii)The petitioner shall not commit any offence while she is on bail;

(iv)In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail,if any filed, and pass orders on the same, in accordance with law.

(v) Applications for deletion/modification of the bail conditions shall also be filed and entertained by the court below.