Anusha. S vs State Of Kerala

Mohammed Nias C.P., J

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.

The petitioner is the accused in Crime No.585/2023 of Pulikeezhu Police Station, Pathanamthitta District, for having committed offences punishable under Sections 419, 450 & 307 of the Indian Penal Code.

The prosecution case is that on 04/08/2023 at 3 p.m., the accused, with the knowledge that Air Embolism is likely to cause the death of a person and with the intention to commit murder of the informant, disguised herself using a nursing coat and mask and thereafter entered into the ward of Parumala Saint Gregorious Medical Mission Hospital wherein the informant was hospitalized. The accused injected a syringe three times into the right hand of the informant and attempted to commit murder of the informant, thereby committing the above offence.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel appearing for the petitioner would say that the petitioner is totally innocent of the allegations and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 04/08/2023, and further incarceration of the petitioner is unnecessary.

Learned Public Prosecutor opposes the bail application, stating that the intention to kill was clearly there and only because the said attempt failed, death was averted.

Considering the following factors that the petitioner is a pharmacy student with the knowledge that air embolism is likely to cause death disguised herself as a nurse , entered the ward of the hospital and used the syringe thrice in the right hand and injected air, the motive for doing the act that makes the crime a heinous one, the conspiracy leading to the crime to be unearthed. I am not inclined to grant bail at this stage. Accordingly, the bail application is dismissed.