IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH OCTOBER 2009 / 20TH ASWINA 1931 Bail Appl..No. 5765 of 2009() ----------------------------- CRIME NO.622/2009 OF THODUPUZHA POLICE STATION PETITIONER:ACCUSED ---------------------- SHEEBA W/O.JALEEL, AGED 26 YEARS, KALLIKUNNEL HOUSE, EDAVETTY KARA, KARIKODE VILLAGE. BY ADV. SRI.T.J.MICHAEL SRI.SHAJI KURIAN RESPONDENT(S): STATE: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, THODUPUZHA POLICE STATION. PUBLIC PROSECUTOR SRI.TEKCHAND THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 12/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- B.A.No.5765 of 2009 --------------------------------------------- Dated this the 12th day of October, 2009 ORDER This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.622 of 2009 of Thodupuzha Police Station. 2. The offences alleged against the petitioner are under Sections 307 and 309 of the Indian Penal Code. 3. The prosecution case is that the petitioner administered poison to her two children and she also consumed poison. All the three were taken to the hospital. Due to timely treatment, all of them survived. The petitioner apprehends arrest. 4. I have gone through the case diary. I have also heard the learned counsel for the petitioner and the learned Public Prosecutor. 5. It would appear that the petitioner used to get agitated even on trivial matters. The husband of the petitioner states that she had threatened to commit suicide even before and she was subjected to counseling on earlier occasions. BA No.5765/2009 2 6. Taking into account the facts and circumstances of the case, the nature of the offence and other circumstances, 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.10,000/- 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 csl