Suhara vs State Of Kerala

Shircy V, J

Application for regular bail.

The petitioner who is the sole accused in Crime No.805/2021 of Irinjalakuda Police Station registered for the offence punishable under Section 302 of the Indian Penal Code, has moved this application for her release on bail.

The petitioner has been in custody since 15.08.2021.

The prosecution allegation is that in the early morning of 13.08.2021, one Ali was found dead in his bed room. The petitioner, his wife was arrested as she committed murder of him by beating him with a wooden log and thus she was arrested.

The learned counsel for the petitioner has submitted that she has been undergoing incarceration since the date of her arrest.

The learned Public Prosecutor on instruction submits that the investigation of the case is over and charge sheet has been submitted before the jurisdictional court on 10.11.2021.

It is true that the allegations levelled against this petitioner are grave and serious in nature, as the prosecution case is that she had murdered her own husband in her bed room. But as the investigation of case is over, further detention of this petitioner is absolutely not necessary as the prosecution has no case that custodial trial is required in this case. Therefore, I am inclined to release her on bail subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iii) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.