1. Petitioner is the second accused in a crime registered at Kasaragod Police Station, which is now under investigation. She has filed the above application seeking her release on bail under Section 439 of the Code of Criminal Procedure (for short 'the Code').

2. Petitioner filed a complaint before police alleging ill-treatment and harassment, both physical and mental, by her husband, his mother and sister. She alleged that two children were born to the spouses in their wedlock and both of them boys are aged 1½ years and five months respectively. While she underwent treatment in a hospital at Mangalore her husband took away the eldest child and, later, informed her that the infant died of illness. A few days earlier he took her with the youngest child to Bombay by train, and during the journey she was in the ladies compartment and her husband with the child in the general compartment. When she reached Bombay, her husband and child were not to be seen and she reported their missing to the railway police. They sent her back to her native place the next day. That night her husband came to the house, manhandled her and left the place taking some articles. The next morning, date of filing of her complaint, her mother-in-law and sister-in-law, both coming together, abused and threw her out of the house directing her to return only with the dowry amount. Her complaint with allegations as aforesaid led to registration of the crime under Section 498A of the Indian Penal Code naming three accused persons, her husband and his mother and sister.

3. First accused viz., Ratheesh, husband of de facto complainant, was arrested. His interrogation and materials collected in investigation revealed that de facto complainant, already mother of three children, cohabitated with him, who was then father of two children, and while they lived as husband and wife two children were born to them. While the first child was aged three months, he sold that infant for a sum of Rs.60,000/-and the next child, when it was aged six months old, was also sold for a price of Rs.One lakh, and both such sales of infants were done with the consent and knowledge of de facto complainant.

4. Removing the second and third accused from the crime, petitioner (de facto complainant) was thereupon implicated as second accused, and investigation of crime continued incorporating the offences punishable under Sections 317 and 370A of IPC deleting 498A of IPC incorporated earlier. Petitioner was arrested on 5.7.2013, and on production before the magistrate she was remanded to judicial custody. Her request for bail having been turned down by the magistrate and also Sessions Judge, she has moved the above application for her release from custody.

5. I have requested Sri.S.Rajeev to assist the court as amicus curie to examine what offence would lie on the allegations raised. Learned counsel for petitioner, Adv.Sri.A.Arunkumar, learned State Public Prosecutor, Sri.T.Asaf Ali and the amicus curie appointed, Adv.Sri.S.Rajeev, were heard.

6. Allegations in the crime imputing that the parents sold two infants receiving money for such illegal sale are no doubt shocking and revolting to human values and, if true, show the unpardonable moral depravity of the culprits. But, at this stage, when investigation is continuing and one among the accused proceeded against has applied for bail with reference to the allegations imputed, what, if any, is the offence committed by her calls for examination. Crime was registered on her complaint imputing the offence of matrimonial cruelty against her husband and his mother and sister. Investigation of the crime disclosed she with her husband sold two children, born out of their relationship, receiving money, and, thereupon, with her husband she is proceeded for offences punishable under Sections 317 and 370A of the IPC.

7. Section 370A of the Penal Code has been brought in along with new provision of Section 370, substituting the previous sec