RATHNAVATHI K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Application for regular bail under Section 439 Cr.P.C.

(2.) The prosecution case, in brief, is that on 26.08.2020 at about 10.30 p.m., the deceased allegedly trespassed into the house of the applicant. Her son accosted him, and there was a scuffle between them and the deceased assaulted the applicant's son. In order to escape from the deceased, the applicant and her son ran towards their neighbour's house. The deceased chased them. The neighbours intervened. In their attempt to prevent the accused from assaulting the applicant and her son, they attacked the deceased. In the result, there was a scuffle between them and the deceased. He was severely beaten up by accused Nos.1 to 4 with dangerous weapons like iron rod and shovel and he sustained fatal injuries. The applicant also joined them in assaulting the deceased and caused hurt to him with a pair of scissors. Penetrating incised injuries were caused by means of those scissors by the applicant. The deceased succumbed to the injuries he had sustained. All the accused except the applicant were arrested immediately after the offence. On 27.10.2020, they were also granted bail by this Court vide order in B.A No.6641/2020. The applicant was arrested on 22.10.2020 and has been in judicial custody since then. The applicant seeks regular bail stating that she has no criminal antecedents. The recovery is already over. Considering the present pandemic situation, she may not be incarcerated any longer.

(3.) Heard the learned counsel for the applicant and the learned Public Prosecutor.