IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 Bail Appl..No. 1150 of 2008() ----------------------------- CRIME NO. 82/08 OF PANANGAD POLICE STATION CRMP.497/2008 of ADDL.C.J.M., ERNAKULAM .................... PETITIONERS/ACCUSED 1 & 2 ------------------------------------------ 1. JOSEPH @ JOSY, AGED 49 YEARS, S/O.JOSEPH, KOPPANDISSERRY, MARADU, ERNAKULAM. 2. MARIYA @ MERCY, W/O.JOSY, RESIDING AT DO. DO. BY ADV. SRI.SIJI ANTONY RESPONDENTS: COMPLAINANT & STATE -------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, PANANGAD POLICE STATION. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - B.A.No. 1150 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2008 O R D E R Application for regular bail. The petitioners are accused 1 and 2. Altogether there are two accused persons. They are spouses. The crux of the allegations against the petitioners is that they caused the death of a new born child born to the second accused in the first accused. The spouses are married and they already have six children, four boys and two girls. The petitioners hail from very poor economic background. The allegation is that unable to look after the child the spouses caused the death of the child. 2. The learned counsel for the petitioners submits that the petitioners are innocent. They had no intention whatsoever to cause the death of the still born child. The petitioners are poor and they could not go to the hospital. It is incorrect to say that the death was caused by the petitioners. The prosecution has no case that the accused have any motive against the child. There is B.A.No. 1150 of 2008 2 no case that the gender of the child had prompted the petitioners to cause the death of the child. In any view of the matter, the petitioners, who have remained in custody from 27.1.2008, may now be enlarged on bail, it is prayed. 3. The learned Prosecutor submits that the investigation is not complete. DNA test has to be conducted. The learned Prosecutor submits that it is true that the petitioners have six children, four boys and two girls, who are of the young age. The State does not in these circumstances oppose the application for regular bail filed by the petitioners, submits the Prosecutor. 4. I have considered all the relevant inputs. I am persuaded to agree that the petitioners can be granted regular bail, subject to appropriate conditions. 5. In the result: 1) This applications are allowed. 2) The petitioners shall be released on bail on the following terms and conditions. B.A.No. 1150 of 2008 3 (a) The petitioners shall execute bonds for Rs.25,000/- (Rupees twenty five thousand only) each with two solvent sureties each for the like sum to be satisfaction of the learned Magistrate. (b) They shall make themselves available for interrogation before the Investigating Officer on all Sundays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. (R. BASANT) Judge tm