IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Bail Appl..No. 552 of 2010() -------------------------------- CMP.347/2010 of J.M.F.C.-I,ATTINGAL CRIME NO. 314/2009 OF POTHENCODE POLICE STATION .................... PETITIONER/ACCUSED : --------------------------- MAYA, D/O.VILASINI AMMA, AGED 33 YEARS, KAROOR KEZHEKONATHU VEEDU, EDATHARA MURI, ANDOORKONAM VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT: --------------- THE SUB-INSPECTOR OF POLICE, POTHENCODE POLICE STATION,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY SRI. M.S.BREEZ PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T. SANKARAN, J. --------------------------- B.A. No. 552 of 2010 ------------------------------------ Dated this the 5th day of February, 2010 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No. 314/2009 of Pothencode Police Station. 2. The offences alleged against the petitioner are under Sections 302 and 309 of the Indian Penal Code. 3. The prosecution case is that on 22.10.2009 between 1 P.M and 6.15 P.M., the petitioner administered poison to her two minor children aged 11 years and 9 years. The petitioner also consumed poison. Children of the petitioner died. The petitioner was hospitalised and her life was rescued. 4. It is stated that the petitioner was suffering from some psychiatric disorder. She was admitted in the Medical College Hospital, Thiruvananthapuram on 22.10.2009 and she was discharged on 01.01.2010. In the Treatment Certificate issued by the Senior Lecturer in Psychiatry of the Medical College, Thiruvananthapuram, continued treatment and follow-up are recommended. The learned counsel for the petitioner also B.A. No. 552 of 2010 2 submitted that the elder son of the petitioner was suffering from brain tumor. 5. The petitioner was arrested on 15.01.2010 and she was remanded to judicial custody. Though the petitioner moved an application for bail before the Court of the Judicial Magistrate of the First Class-I, Attingal, the bail application was dismissed on the ground that the offence is exclusively triable by the Court of Session. 6. Taking into account the facts and circumstances of the case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner. 7. The petitioner shall be released on bail on her executing bond for Rs.25,000/- with two solvent sureties each for the like amount to the satisfaction of the Judicial Magistrate of the First Class-I, Attingal subject to the following conditions:- A) The petitioner shall appear before the Investigating Officer for interrogation as and when required. B.A. No. 552 of 2010 3 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 as above. K.T. SANKARAN, JUDGE ln