IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 Bail Appl..No. 671 of 2010 CRIME NO.38 OF 2010 OF MALAYINKEEZH POLICE STATION, THIRUVANANTHAPURAM PETITIONER : ACCUSED: ------------------------------ SAJITHA, AGED 26, D/O.SOBHANA, KOLACHIRA PUTHEN VEEDU, EZHAKKODU KOLACHIRA, VILAVOORKKAL VILLAGE, MALAYINKEEZHU, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS: COMPLAINANTS; --------------- 1. S.I OF POLICE, MALAYINKEEZHU POLICE STATION. 2. C.I OF POLICE, KATTAKKADA. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.V.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 671 OF 2010 ------------------------------------------------------ Dated this the 3rd day of March, 2010 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.38 of 2010 of Malayinkeezh Police Station, Thiruvananthapuram District. 2. The offences alleged against the petitioner are under Sections 302 and 309 of the Indian Penal Code. 3. The petitioner is the wife of the de facto complainant. The allegation is that on 22.1.2010 between 10.15 AM and 11.15 AM, the petitioner took her two minor children, aged 2 ½ years and one year, and jumped into a well. The children of the petitioner died by drowning. The petitioner was rescued by the people who assembled there. 4. The learned counsel for the petitioner submitted that the accused is an epileptic patient and that if she is arrested and detained, her condition would become worse. The learned Public Prosecutor submitted, on instructions, that if the petitioner is detained, there is a B.A. NO. 671 OF 2010 :: 2 :: likelihood of the petitioner attempting to commit suicide, if she is left alone. 5. Taking into account the peculiar facts and circumstances of the case, I am of the view that anticipatory bail can be granted to the petitioner. 6. 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; d) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled. The Bail Application is allowed to the extent indicated above. (K.T.SANKARAN) Judge ahz/