Dismissed

Padmavathi Amma v. State of Kerala

Kerala HC16 Aug 2016Bail Appl./5314/2016

Case brief

AI extract

What is this about?

In a case involving unnatural death of a Scheduled Caste woman due to alleged cruelty and burning, the Kerala High Court declined pre-arrest bail to the mother-in-law, citing the need for custodial interrogation and fear of witness influence, while leaving the first accused statutory bail options open.

What did the court decide?

Application for pre-arrest bail dismissed; statutory bail remains available to the first accused if final report not filed on time.

Padmavathi Amma Vs State of Kerala — Dowry and Cruelty | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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TUESDAY, THE 16TH DAY OF AUGUST 2016/25TH SRAVANA, 1938

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Bail Appl..No. 5314 of 2016 ()

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CRIME NO. 17/2016 OF SPECIAL MOBILE SQUAD POLICE STATION, KASARGODE.

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PETITIONERS/2ND ACCUSED:

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PADMAVATHI AMMA, AGED 65 YEARS, W/O.N.KOCHUKRISHNA PILLAI, RESIDING AT KRISHNA VILASAM, AYOOR, KOLLAM DISTRICT.

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BY SRI.K.JAJU BABU (SENIOR ADVOCATE) ADVS.SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN

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RESPONDENT/COMPLAINANT:

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STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.

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BY SRI.C.SREEDHARAN NAIR (DIRECTOR GENERAL OF PROSECUTION)

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16-08-2016 ALONG WITH BA.5688/2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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P.UBAID, J.

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- - - - B.A.No. 5314 & 5688 of 2016

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- - - - Dated this the 16^th day of August, 2016

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ORDER

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The petitioner in B.A.No. 5688 of 2016 is the first accused in Crime No. 17 of 2016 of the Special Mobile Squad Police Station, Kasaragod, registered under Sections 498A, 326(A), 302 read with Section 34 of the Indian Penal Code, and under Section 3(2)(v),(vii) of the SC/ST (Prevention of Atrocities) Act, and the petitioner in B.A.No. 5314 of 2016 is the second accused. She is the mother of the first accused. When the first accused seeks regular bail for the second time under Section 439 of Cr.P.C., the mother seeks prearrest bail under Section 438 of Cr.P.C. The first application filed by the first accused was dismissed by this Court on merits on 29.6.2016.

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This crime relates to the unnatural death of

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the wife of the first accused on 14.5.2016. It is alleged that the deceased had been subjected to physical and mental

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B.A.No. 5314 & 5688 of 2016

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harassment by the first accused by a course of cruel conduct, and that on 2.5.2016 the first accused herein poured spirit over the body of the victim, and burnt her with a lighter provided by his mother. She was taken to the hospital by the neighbours immediately with extensive burns, and she died at the hospital on 14.5.2016. The deceased was a member of Scheduled Caste. She was married by the first accused herein as per an agreement. It is yet to be investigated whether the said agreement was valid or void. The Police proceeded on the premise that it was a void marriage, and that is why the allegations under the SC/ST Act also. On a perusal of the statements given by the victim to the learned Magistrate, I find that she had been mentally and physically harassed by her husband and the mother-in-law, and they in fact caused her death cruelly, as a continuation of their acts of creuty. On a perusal of the case diary, I find that something more remains to be done by the Police as part of investigation. There is the definite

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B.A.No. 5314 & 5688 of 2016

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possibility of the material witnesses being threatened or influenced or won over by the petitioner, if he is now released.

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The first accused has produced some medical documents showing that he had also sustained some burns in the alleged incident. But from the medical documents, I find that he was brought at the Medical College Hospital at 11.43 p.m., whereas the victim was brought there at 11.47 p.m.. The victim was first taken to the local hospital from where she was referred to the Medical College Hospital, Mangalore. The exact time of incident seen recorded in the victim's medical document is 8.30 p.m., on 30.4.2016. But the discharge summary in the name of the first accused shows that he allegedly sustained burns at about 5.00 p.m. on 1.5.2016. If so, the case of the first accused that he had also sustained burn injuries in the same incident cannot be now believed.

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B.A.No. 5314 & 5688 of 2016

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On a perusal of the case diary, I find that investigation is not fully over. As regards the second accused, the mother, I find that she cannot be granted prearrest bail. Her interrogation in custody is felt absolutely necessary for the collection of some materials concerning her exact role in the alleged matrimonial cruelty, in the act of murder, etc.. I feel it really unsafe and improper to grant pre-arrest bail to the mother-in-law in the above factual situation. Anyway, as regards the first accused, he has been in custody since 24.5.2016, I find that he can very well apply for statutory bail, in case the Police failed to file final report in time. At present, I am not inclined to grant him bail in the given factual situations, where there is possibility of the material witnesses being influenced or won over by the petitioner.

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In the result, these two petitioners are dismissed. However, it is made clear that this order will not stand in the way of the first accused (Manoj) seeking

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B.A.No. 5314 & 5688 of 2016

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statutory bail from the court below in case the Police failed to file final report in time.

Sd/- P.UBAID

JUDGE

//True copy//

P.A. to Judge

Padmavathi Amma v. State of Kerala

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Padmavathi Amma v. State of Kerala

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