The High Court of Kerala granted regular bail to two accused spouses charged with causing the death of a newborn child, noting poor investigation progress and lack of motive, subject to bonds and interrogation conditions.
Release of petitioners on bail with bonds for Rs.25,000 each and conditions for interrogation on Sundays for two months.
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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
BY ADV. SRI.SIJI ANTONY
RESPONDENTS: COMPLAINANT & STATE
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.
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
B.A.No. 1150 of 2008
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.
agree that the petitioners can be granted regular bail, subject to appropriate conditions.
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.
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
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1 issue framed by the court
Whether the petitioners accused of causing the death of a newborn child should be granted regular bail pending investigation.
JOSEPH @ JOSY
MARIYA @ MERCY
STATE OF KERALA
STATION HOUSE OFFICER, PANANGAD POLICE STATION
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
