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Judgment
C.V.Karthikeyan, J
The petitioner/accused in Crime No.412 of 2023, registered by the respondent police for the offences under Sections 302 (2 counts) and 309 of IPC, seeks bail. The petitioner had been remanded to judicial custody on 31.12.2023.
2.The petitioner is the mother of the two deceased children. Owing to various issues, she had administered poison to her own two children, a boy and a girl and had also consumed poison. Both the children died, but she survived.
3.It is stated that investigation has been completed and final report would be filed shortly before the jurisdictional Magistrate. It is also stated that as on date, she is three months pregnant.
4.Taking all the factors into consideration and particularly to provide an opportunity to the petitioner to explain the circumstances surrounding the commission of the gruesome act of giving poison to her own children and also consuming poison, I am inclined to grant bail to the petitioner subject to the following conditions:
5.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Sankarapuram, and on further conditions that:
[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., till filing of the charge sheet and thereafter, before the Judicial Magistrate Court during the Court hearing dates.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.