On Monday, the Kerala High Court granted bail to Greeshma, the individual accused of causing the death of Sharon (23) last October by administering him kashayam (Ayurvedic decoction) and expired juice. Justice Mohammed Nias C P was responsible for granting this bail. During the bail decision, the court acknowledged the accused’s full cooperation with the investigation and took her young age into account. The court emphasized that bail cannot be denied based solely on community sentiments against the accused.
Sharon, a native of Parassala, passed away on October 25, 2022, after an 11-day stay at Thiruvananthapuram’s medical college hospital. His family alleged that Greeshma and her family had poisoned him using kashayam and expired juice.
Justice Nias noted, “I also cannot lose sight of the fact that the accused is a woman aged 22, in the light of the proviso to S.437 Cr.P.C. I also note that the accused has been in custody since October 31, 2022, and the prosecution raises no apprehension that if released on bail, the petitioner is likely to abscond.”
The court upheld the presumption of innocence and stated that bail is the rule, while jail is the exception, emphasizing the principles outlined in Article 21 of the Indian Constitution. The court stressed that a strong case must be made for placing someone in judicial custody after the charge sheet is filed.
“The right to bail is not to be denied merely because of the sentiments of the community being against the accused, nor can bail be withheld as a punishment, pending trial. Accordingly, this application is allowed, and the petitioner is granted bail,” the court declared.
Additionally, the court considered Greeshma’s argument that her name was absent from Sharon’s dying declaration and directed her to furnish a bond of Rs one lakh along with two solvent sureties of the same amount, with instructions not to interfere in the ongoing investigation.
The prosecution maintained that Sharon succumbed to multiple organ failure, with his family alleging that he experienced discomfort and vomiting after visiting his female friend’s house on October 14. Sharon’s family was informed by doctors that an acidic substance had damaged his internal organs.
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