Laila vs State Of Kerala And Anr

The applicant is the sole accused in Crime No.2765 of 2020 of Kollam East Police Station, Kollam, for having allegedly committed offence

punishable under Section 302 of the IPC. The prosecution case, in brief, is this:

The defacto complainant's son Rahim had created some nuisance in an inebriated condition and was admonished by his uncle Shajahan, who is the

husband of the applicant. Irked by that, the aforesaid Rahim reached the house of his uncle Shajahan, where the applicant was also residing and a

quarrel ensued between them. The defacto complainant's husband Shafi, a 60 year old man, also reached there and the applicant picked up a wooden

log and hit Shafi on his head, as a result of which, he sustained subdural hemorrhage and he was admitted in the hospital. Initially, the FIR was

registered under Section 324 IPC. Thereafter, it was altered to Section 307 IPC and succumbed to the injuries on 15.09.2020, the FIR was converted

to an offence under Section 302 of the IPC. Post mortem indicates that the deceased had died due to the head injuries sustained as a result of being

hit with a log. The applicant had earlier approached this Court for anticipatory bail by filing B.A.No.5867 of 2020. But, the same was dismissed with a

direction to her to surrender before the Investigating Officer. Accordingly, she surrendered on 10.11.2020 and was remanded to judicial custody. She

continues to be in remand. The application filed by her before the jurisdictional court was dismissed and hence, she seeks indulgence of this Court. It is

submitted that the applicant has no criminal antecedents. There is no possibility of her getting involved in any other crime of similar nature and there is

also no possibility of her absconding and not co-operating with the investigation. And, therefore, the applicant seeks bail.

Heard the learned counsel appearing for the applicant and the learned Public Prosecutor. Custodial interrogation is over, but recovery could not be

completed, since the wooden log could not be found out. The applicant has no other criminal antecedents and there is no possibility of her absconding

and she is a 42 year old lady, residing with her family. And, therefore, I find no necessity to incarcerate her for any period longer than this.

In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty

thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:

(i) She shall appear before the Investigating Officer as and when called for.

(ii) She shall not intimidate or influence witnesses and tamper with evidence.

(iii) She shall not get involved in similar offences during the currency of the bail period.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

The bail application is allowed.