Disposed

Rakhi Haridas v. State of Kerala

Kerala HC16 Nov 2020Bail Appl./5949/2020

Case brief

AI extract

What is this about?

On the application for anticipatory bail under Section 438 CrPC, the court, due to lack of police instructions, directed the applicant to surrender within three weeks and granted interim bail for two months on specific conditions.

What did the court decide?

Directed to surrender within three weeks and granted interim bail for two months on bond with conditions to approach Karnataka High Court for anticipatory bail.

Rakhi Haridas Vs State of Kerala — Cheating and Forgery | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ASHOK MENON

¶4

MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942

¶5

Bail Appl.No.5949 OF 2020

¶6

(CRIME NO.325/2019 OF KODUGODI POLICE STATION, BANGALORE RURAL, KARNATAKA)

¶7

PETITIONER/S:

¶8

RAKHI HARIDAS, AGED 37 YEARS, SISIVAGOURI, JANATHA ROAD, KALADY, KARAMANA, THIRUVANANTHAPURAM – 695002.

¶9

BY ADV. SRI.SHABU SREEDHARAN

¶10

RESPONDENT/S:

¶11

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM – 682031.

¶12

2 STATION HOUSE OFFICER, KADUGODI POLICE STATION, BANGALORE, KARNATAKA – 560067.

¶13

OTHER PRESENT:

¶14

SRI.C.N.PRABHAKARAN, SR PP

¶15

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.11.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶16

¶17

Bail Appl.No.5949 OF 2020

¶18

O R D E R

¶19

Dated this the 16th day of November 2020

¶20

This is an application for anticipatory bail under Section 438 of the Cr.P.C.

¶21

The applicant is arraigned as sole accused in

¶22

Crime No.325/2019 of Kadugodi Police Station, Karnataka for having allegedly committed the offence punishable under Section 328 of the I.P.C.

¶23

The prosecution case, in brief, is that the

¶24

applicant was continuously administering arsenic content as a slow poison along with food to her husband

¶25

Kamani, as a result of which he was hospitalised. He preferred a complaint before the Station House Officer, Kadugodi Police Station and the present crime was registered.

¶26

The applicant states that her husband was

¶27

assaulting and ill-treating her and that he has

¶28

concocted a false story with the specific intention to

¶29

¶30

Bail Appl.No.5949 OF 2020

¶31

see that the applicant is incarcerated and put to difficult. She claims to be totally innocent. The applicant, therefore, seeks anticipatory bail.

¶32

The matter was adjourned a number of times for instructions to be received from the Police Station. But unfortunately, the learned Public Prosecutor did

¶33

not get any instructions. The applicant is therefore

¶34

anxious to get a bail. Considering these

¶35

circumstances, the applicant is directed to surrender before the investigating officer within three weeks and

¶36

in the event of her being arrested, she shall be

¶37

released on interim bail for two months, on the execution of a bond for Rs.50,000/- (Rupees fifty

¶38

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

¶39

(i) She shall apply for anticipatory bail before the High Court of Karnataka within the aforementioned period of two months;

¶40

¶41

Bail Appl.No.5949 OF 2020

¶42

(ii) She shall appear before the investigating officer as and when called for;

¶43

(iii) She shall not influence or intimidate witnesses or

¶44

tamper with evidence; and

¶45

(iv) During the bail period, she shall not get involved

¶46

in any similar offences.

¶47

In case of breach of the bail conditions, the

¶48

prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.

Sd/-

ASHOK MENON

JUDGE

dkr

Rakhi Haridas v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rakhi Haridas v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Babu@ Hentry Vs State of Kerala

Ibrahim Vs State of Kerala

K M Prakash Vs State of Kerala

Tintu John Vs State of Kerala

Kunhi Moideen Vs State of Kerala

Rivaj.P.v Vs State of Kerala