Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 Bail Appl..No. 589 of 2013 () ----------------------------- CRIME NO. 1911/2012 OF PUNALUR POLICE STATION , KOLLAM DISTRICT -------------------------------------------------------- PETITIONER/ACCUSED: ------------------------------------ DAULATH, W/O.JAHANGIR, AGED 3 YEARS, SURAYYA MANSIL,PUNALUR,KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT/COMPLAINANT: ---------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,PIN”
031. BY PUBLIC PROSECUTOR SMT.LALIZA.T.Y. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts P.BHAVADASAN, J.
--------------------------------------------- B.A. No.589 of 2013 --------------------------------------------- Dated this the 1st day of February, 2013 ORDER The petitioner, an unfortunate lady who was suffering from mental illness, tried to commit suicide and also to do away with the life of her son 3= years old by taking some tablets. Timely detection by the father-in-law of the petitioner saved them. Now the petitioner is arrayed as accused in Crime No.1911/2012 of Punalur Police Station for having committed the offences punishable under Section 307 and 309 of IPC.
2. Case diary was perused and it appears that the petitioner was ailing from some sort of mental illness for which she was taking medicines continuously. It would also appear that she defaulted in taking medicines and that aggravated the disease. Her father-in-law had taken the petitioner and child to the hospital on finding that they were gasping. Even during investigation, there is nothing to show about any foul play or anybody else having any role in the incident. Considering the facts and nature of allegations, condition of the petitioner, circumstances which led her to commit the act, etc. it is felt B.A.No.589/2013 :2: that this is a fit case where the extraordinary jurisdiction under Section 438 needs to be exercised in favour of the eptitioern. The petition is allowed as follows: (1) The petitioner shall surrender before the Investigating Officer on or before 8.2.2013, who after interrogation shall produce her before the Judicial First Class Magistrate's court concerned, which court on application being moved by the petitioner shall release her on bail on his executing a bond for Rs.10,000/- (Rupees Ten thousand only) with two solvent sureties for the like sum each to the satisfaction of the said court. (2) The learned Magistrate shall ensure the identity of the sureties and the veracity of the tax receipts, before granting bail. (3) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 a.m. and 10 a.m. (4) The petitioner shall not tamper or attempt to tamper with the evidence and influence or try to influence the witnesses. (5) If any of the condition is violated, the bail granted shall stand cancelled and the JFCM concerned, on being satisfied of the said fact, may take such proceedings as are available to him in law. P.BHAVADASAN, Judge. okb.