This order grants suspension of sentence and bail to a convicted and imprisoned mother seeking acquittal in a case where she poisoned her two daughters, resulting in one death and one survival, due to alleged depression and suicidal intent.
Suspension of sentence and bail granted on execution of bond with two sureties and monthly appearance before trial court.
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.
Crl.M.P.No.14550 of 2022 in Crl.A.No.774 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 25.11.2022
PRONOUNCED ON : 02.01.2023
CORAM
THE HONOURABLE Mr.JUSTICE P.N.PRAKASH
AND
THE HONOURABLE Mr.JUSTICE G.CHANDRASEKHARAN
Crl.M.P.No.14550 of 2022
IN Crl.A.No.774 of 2022
Gomathi .. Petitioner/Sole Accused Vs. The State rep. by The Inspector of Police Steel Plant Police Station Salem District (Cr. No.52/2019) .. Respondent/Complainant
Criminal Miscellaneous Petition filed under Section 389 Cr.P.C. to suspend the sentence imposed in S.C.No.219 of 2021 dated 23.06.2022 by the I Additional District and Sessions Court, Salem and enlarge the petitioner on bail pending disposal of the appeal.
For Petitioner : Mr.R.Sankarasubbu for Mr.D.Mario Johnson For Respondent : Mr.R.Muniyapparaj Additional Public Prosecutor
1/6
Crl.M.P.No.14550 of 2022 in Crl.A.No.774 of 2022
O R D E R
P.N.PRAKASH, J.
The petitioner/sole accused faced a prosecution in S.C.No.219 of 2021, in which, she was convicted and sentenced on 23.06.2022 by the I Additional
District and Sessions Judge, Salem, as under :
| Provision under which convicted |
Sentence |
|---|---|
| S.302 IPC | Imprisonment for life and fine of Rs.1000/-, in default to undergo oneyear simple imprisonment |
| S.307 IPC | Five years rigorous imprisonment and fine of Rs.1000/-, in default to undergo six months simple imprisonment |
| S.309 IPC | Fine of Rs.500/-, in default to undergo one week simple imprisonment |
| The aforesaid s | entences were ordered to run concurrently. |
Challenging the above conviction and sentences, the petitioner has filed
Crl.A.No.774 of 2022 along with the instant miscellaneous petition seeking suspension of sentence and bail.
Johnson, learned counsel on record for the petitioner and Mr.R.Muniyapparaj, learned Additional Public Prosecutor appearing for the respondent State.
2/6
Crl.M.P.No.14550 of 2022 in Crl.A.No.774 of 2022
the petitioner consumed organic phosphorus and administered the same to her two daughters viz ., Mahalakshmi (aged about 3½ years) and Kaushika Sree (aged about 1½ years), with an intention to commit mass suicide. When all the three started vomiting, they were taken to Aishwaryam Hospital in an unconscious state. Unfortunately, Kaushika Sree died. The petitioner and her other daughter viz ., Mahalakshmi were saved by the doctors.
It is stated that even now, she is in the state of depression and is very morose
and isolated. https://www.mhc.tn.gov.in/judis
3/6
Crl.M.P.No.14550 of 2022 in Crl.A.No.774 of 2022
the relief of suspension of sentence and bail to the petitioner on the following conditions:
[P.N.P., J.] [G.C.S.,
J.] gya
02.01.2023
4/6
Crl.M.P.No.14550 of 2022 in Crl.A.No.774 of 2022
To
5/6
Crl.M.P.No.14550 of 2022 in Crl.A.No.774 of 2022
P.N.PRAKASH, J. AND G.CHANDRASEKHARAN, J.
gya
Crl.M.P.No.14550 of 2022 IN Crl.A.No.774 of 2022
02.01.2023
6/6
1 issue framed by the court
Whether to grant suspension of sentence and bail to a convicted mother attempting mass suicide pending appeal.
2 provisions across 1 enactments
Gomathi
The State rep. by The Inspector of Police Steel Plant Police Station Salem District
P.N.PRAKASH
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
