Kerala HC dismissed bail plea of wife of accused in murder case. Court noted prima facie conspiracy to kill husband, mother-in-law, and child. Held bail unavailable due to witness tampering risk and flight risk despite custody duration.
Bail prayer of petitioner dismissed; she remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 17TH DAY OF JUNE 2014/27TH JYAISHTA, 1936
Bail Appl..No. 3983 of 2014 ()
IN CRMC 1177/2014 of SESSIONS COURT,TRIVANDRUM DATED 27-05-2014 CRIME NO. 491/2014 OF ATTINGAL POLICE STATION , THIRUVANANDAPURAM
PETITIONER(S)/ACCUSED NO.2:
ANU SANTHI, AGED 31 YEARS D/O.RAVEENDRAN, PRASANTH, KUZHIVILAM VILLAGE MAMOM DESOM, ATTINGAL.
BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN
RESPONDENT(S)/STATE:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031 (CRIME NO.491/2014 OF ATTINGAL POLICE STATION THIRUVANANTHAPURAM DISTRICT)
R BY PUBLIC PROSECUTOR, SRI. C. RASHEED
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 17-06-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
das
K. ABRAHAM MATHEW, J.
B.A. No. 3983 of 2014
Dated this the 17th day of June, 2014
O R D E R
The petitioner is the 2nd accused in Crime No.491/2014 of Attingal Police Station, which has been registered for offences under sections 120B, 302, 307, 324 and 449 of IPC.
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attack on the life of her husband by the 1st accused.
“I love you. I need you in my life.”
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She sent a message to him in response to it - “I love you”. It is revealed in the investigation that whenever he proposed to marry her she told that her husband and child formed an obstacle to it. She sent him the sketch of her house describing each of the rooms, the way to reach the house and shortcut to get away from the house. It is very clear that there was a conspiracy between them to do away with the 1st informant, his mother and child. The facts of the case reveal that the 1st accused trespassed into the 1st informant's house, assaulted the child and mother-in-law of the petitioner with a shortended cricket bat, as a result of which they lost their life. He ensured the death of these two victims by striking them with a chopper he had with him. He assaulted the 1st informant with the chopper on his head. This indicates that his attempt was to murder him also. The Investigating Officer has seized the mobile phone of the petitioner as well as of the 1st accused. It is
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submitted by the learned Public Prosecutor that the mobile phones contain the photographs of the sexual intercourse between them.
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evidence. There is also a likelihood of her fleeing from
justice. So, I am not inclined to grant her prayer.
In the result, this petition is dismissed.
Sd/-
K. ABRAHAM MATHEW, JUDGE
//True Copy//
P.A. to Judge
jjj
3 issues framed by the court
Whether petitioner, accused in QPC murder conspiracy case, be released on bail or not
Whether fear of witness tampering and flight risk justify denial of bail
Whether lack of FIR mention of petitioner's guilt is determinative for bail
ANU SANTHI
STATE OF KERALA
K. ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
