In a bail application by an accused charged under Section 302 IPC for causing the death of his wife, the High Court dismissed the petition. The court rejected the innocence plea and noted strong evidence of foul play and potential witness tampering, ruling bail inappropriate at this stage.
Bail application dismissed; accused to remain 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.
B.A.1116/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
Bail Appl..No.1116 OF 2021
CRIME NO.1993/2020 OF Pooyapally Police Station, Kollam
PETITIONER/ACCUSED:
ARUNDAS AGED 34 YEARS O DASAN, PALLIMELETHIL VEEDU, VAPPALA MURI, ODANAVATTOM PO, KOLLAM DISTRICT 691512
BY ADV. SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA 682031
R1 BY PUBLIC PROSECUTOR R1 BY DIRECTOR GENERAL OF PROSECUTION
OTHER PRESENT:
PP-- C N PRABHAKARAN .
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 10.02.2021, THE COURT ON 22.02.2021 PASSED THE FOLLOWING:
B.A.1116/2021
2
ORDER
Dated this the 22nd day of February, 2021
Application for regular bail.
offence punishable under Section 302 of Indian Penal Code.
28.11.2020.
The petitioner married the deceased about 10 year
back and they lived as husband and wife. While so, on
1.11.2020 the lady was admitted in a hospital as she
sustained very grievous injuries on her abdomen. Though
she had undergone treatment in the intensive care unit for
few days, she succumbed to the injury on 5.11.2020. On
investigation, it was revealed that the accused had kicked on her abdomen and caused very serious and fatal internal
injury and due to the impact of the said assault by him,
she died on 5.11.2020 inspite of the treatment imparted to
her as an inpatient in Azeezia Medical College Hospital, Meeyannoor, Kollam.
B.A.1116/2021
3
1.11.2020. Though the hospital authorities were ready to provide treatment to her, the petitioner had taken her from there and thereafter took her to the Taluk Hospital, Kottarakkara and further to another Hospital at Kottarakkara. Later, she was admitted in Azeezia Medical College Hospital, Meeyannoor and while she was undergoing treatment in the said hospital, she succumbed to the injury at about 10.45 p.m. on 5.11.2020. The postmortem certificate which is available in the CD file would reveal that the injury sustained by her was not because she fell on a ditch as she was kicked by a goat or something like
B.A.1116/2021
4
that but she had sustained injury due to kicking with foot or by punching with a clenched fist. So, the CD file would reveal that the injury sustained by her was not as narrated by the learned counsel for the petitioner. It further reveals that she sustained injury in a kick on her abdomen by the petitioner, her husband. Such being the prima facie finding by the investigating agency, at this stage, if bail is granted to this petitioner, there is every possibility to tamper with the evidence. A detailed probe into the allegation is absolutely necessary in this case. Moreover, the materials so far gathered would reveal that she had disclosed to her father, who visited her in the hospital while she was undergoing treatment as to how she sustained the fatal injury. The father of the deceased has expressed his suspicion regarding the cause of death mainly on her disclosure statement to him and he had even stated that his daughter died because of the cruel treatment and physical assault by her husband, the petitioner. From the CD file it is also revealed that most of the witnesses to the prosecution are the relatives of the petitioner as well the deceased. So, there is a strong possibility of the petitioner interfering with the investigation or winning
over the prosecution witnesses which may result in
B.A.1116/2021
5
miscarriage of justice. Considering the nature of the offences alleged against this petitioner, I do not think that it is proper to release him on bail just considering the duration of judicial custody undergone by him. The entire circumstances involved in this case have to be
probed into in detail by the investigating agency to unearth the real facts involved in this case.
proper to grant bail to this petitioner though he has been languishing in jail for more than two months.
Dismissed.
Sd/-
SHIRCY V.
JUDGE
sb
3 issues framed by the court
Whether bail should be granted at this stage despite the apprehension of tampering with evidence.
Whether the duration of custody justifies bail given the serious nature of the offence.
Whether the petitioner's claim of innocent kick by a goat is credible based on medical evidence.
Arundas
State of Kerala
Shircy V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
