IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 26TH JUNE 2009 / 5TH ASHADHA 1931 Bail Appl..No. 3418 of 2009 CRIME NO.88 OF 2009 OF VALANCHERRY POLICE STATION PETITIONER/ACCUSED -------------------------------------- SOUMYA JOHN, W/O.JOHN, MANAPARAMBIL HOUSE, CHALAKUDY, V.R.PURAM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. SUB-INSPECTOR OF POLICE, VALANCHERRY. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 3418 OF 2009 F ------------------------------------------------------ Dated this the 26th June, 2009 O R D E R This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.88 of 2009 of Valancherry Police Station. 2. The offence alleged against the petitioner is under Sections 307 and 309 of the Indian Penal Code. 3. The prosecution case is that the petitioner administered poison to her children and thereafter she herself consumed poison. No death occurred and all of them survived. Learned Public Prosecutor submitted that the petitioner's husband was arrested by Kalasipalayam Police, Bangalore, in respect of a crime registered. The petitioner was under the impression that her husband was arrested by Valancherry Police. She came to the Valancherry Police Station, whereupon the police people informed her that her husband was arrested by Kalasipalayam Police. The petitioner consumed poison after administering poison to her children. It is submitted by the learned Public Prosecutor that this Bail Application is not opposed. B.A. NO. 3418 OF 2009 :: 2 :: 4. Taking into account the facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. There will be a direction that in the event of the arrest of the petitioner, the officer in charge of the police station shall release her on bail on her executing bond for Rs.15,000/- with two solvent sureties for the like amount to the satisfaction of the officer concerned, subject to the following conditions: a) The petitioner shall appear before the investigating officer for interrogation as and when required; b) The petitioner shall not try to influence the prosecution witnesses or tamper with the evidence; c) The petitioner shall not commit any offence or indulge in any prejudicial activity while on bail. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/