Rejeena A.F. vs State Of Kerala

A. Badharudeen, J.

This is an application for anticipatory bail filed by the petitioners, who are arrayed as accused Nos.2 and 4 in Crime No.209/2024 of Nemom Police Station, Thiruvananthapuram, where the prosecution alleges commission of offences punishable under Sections 304, 315 and 316 of the Indian Penal Code, 1860.

Heard the learned counsel for the petitioners as well as the learned Public Prosecutor in detail.

I have perused the documents including the relevant documents form part of the case diary produced by the learned Public Prosecutor.

This crime was registered on the basis of a statement filed by one Vinodkumar, the President of Souhrida Residence Association, Nemom, consequent to the death of Shameera Beevi, D/o.Fathima Beevi on 20.02.2024. In this matter though initially F.I.R was registered under Section 174 of the Code of Criminal Procedure, later on investigation the above offences are incorporated. The crux of the prosecution allegation is that Shameera Beevi, who is the second wife of the 1st accused, was denied medical treatment while she was pregnant for the fourth time and she was treated with the help of the 3rd accused, who has no medical awareness or eligibility in pregnancy treatment and she practised treatment mode of `acupuncture’ without any specific qualification thereof. The allegation against the present petitioners is that they were also present at the house of the deceased on 20.02.2024 and they had not cared to give timely medical attention to the deceased in the matter of delivery.

It is argued by the learned counsel for the petitioners that the petitioners are innocent and they are not residents of the place of occurrence. It is submitted by the learned counsel for the petitioners that on the date of occurrence, the petitioners also were present. Therefore, the complicity of the petitioners is much less and they are ready to co-operate with the investigation and they may be granted anticipatory bail.

Per contra, the learned Public Prosecutor zealously argued that Shameera Beevi died on 20.02.2024 since she was denied proper medical attention for the fourth delivery though the accused persons were fully aware of the fact that Shameera Beevi undergone cesarean procedure in her previous 3 pregnancies. It is also argued that the 2nd petitioner, who is the daughter of the 1st and 2nd accused, studying acupuncture course also was attempted to effect delivery by acupuncture treatment. It is argued by the learned Public Prosecutor that it was the reluctance on the part of the accused persons to give timely medical attention to Shameera Beevi, she as well as unborn child succumbed to their fate and therefore there are materials in abundance to see commission of offences punishable under Section 304, 315 and 316 of I.P.C, alleged against them and in such a case, arrest and custodial interrogation are necessary. On perusal of the available materials, it is emphatically clear that, prima facie, there was denial of proper medical attention to Shameera Beevi and the accused including the petitioners herein, who were present at the time of death. There was attempt to effect delivery by acupuncture mode, at the option of the 3rd accused.

In this matter, it is the duty of the 1st accused to provide adequate medical aid for the delivery of Shameera Beevi. However, how far the petitioners herein attempted to deny proper medical care is a matter of detailed investigation as the 1st accused is having domain over his wife. Since the prosecution case involves allegation against the petitioners also, the prosecution allegation about involvement of the petitioners is having force, prima facie.  In view of the circumstances discussed above, I feel that investigation as against the petitioners will be possible even without custodial interrogation.  Therefore, I direct the petitioners to surrender before the Investigating Officer on two days for interrogation and obey the conditions in the bail order.  Subject to the following conditions, this petition is allowed and the petitioners are granted pre-arrest bail:

i. The petitioners shall surrender before the Investigating Officer on 12.04.2024 and 13.04.2024 between 10 a.m and 1 p.m for interrogation and on such surrender, the Investigating Officer can question the petitioners. In the event of their arrest, the Investigating Officer shall produce the petitioners before the jurisdictional court on the date of arrest itself.

ii. On such production, the jurisdictional court shall release the petitioners on bail, on executing bond for Rs.30,000/- (Rupees thirty thousand only) each by themselves and by two solvent sureties, each for the like sum to the satisfaction of the jurisdictional Court.

iii. The petitioners shall co-operate with the investigation and shall be made available for interrogation and for the purpose of investigation, as and when the Investigating Officer directs so.

iv. The petitioners, shall not, intimidate the witnesses or interfere with the investigation in any manner.

v. The petitioners shall not commit any offence during currency of this bail and any such involvement is a reason to cancel the bail hereby granted.