A bail application regarding a petitioner accused of poisoning two children was dismissed. The Court held the circumstances did not justify anticipatory bail, directing the petitioner to surrender instead.
Anticipatory bail under Section 438 Cr.P.C. denied. Petitioner directed to surrender for regular bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 26TH FEBRUARY 2008 / 7TH PHALGUNA 1929 Bail Appl..No. 1000 of 2008() ----------------------------CRIME NO.45/08 OF VANDIPERIYAR POLICE STATION
: PETITIONER/ACCUSED ----------------------------------UMA, AGED 35 YEARS, D/O.RAGHAVAN, KOZHUVUMAKKAL HOUSE, PASUMALA, MANJUMALA VILLAGE, IDUKKI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU
RESPONDENTS: COMPLAINANT
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.GIKKU JACOB
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R.BASANT, J
B.A.No.1000 of 2008
Dated this the 26th day of February, 2008
ORDER
Application for anticipatory bail. Petitioner is a married woman having two children aged 9 and 11 years respectively. She had some unpleasant experiences in the matrimonial home. To give vent to her frustration, she allegedly consumed poison. She also allegedly persuaded the children to consume poison. Suicide notes were left behind by the children as well as the petitioner. The prosecution alleges that the children were asked to write such suicide notes by the petitioner herself. It is accordingly that such suicide notes have been brought into existence. On 02.02.08 all the three consumed poison. Both the children expired. The petitioner was saved. She is still in the hospital, it is submitted. She apprehends imminent arrest.
B.A.No.1000 of 2008
2
against the complicity of the petitioner. In any view of the matter, the petitioner may be directed to surrender and seek regular bail. No circumstances exist justifying the invocation of the extraordinary equitable discretion under Section 438 Cr.P.C, submits the learned Public Prosecutor.
B.A.No.1000 of 2008 3
in charge of the case, the learned Magistrate must proceed to
pass appropriate orders on merits and expeditiously.
rtr/-
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. should be granted to a petitioner accused of child deaths.
Whether the facts warrant invoking the extraordinary equitable discretion under Section 438 Cr.P.C.
1 provisions across 1 enactments
UMA
STATE OF KERALA
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
