IMPORTANT POINTS
Section 438 New Code provides directions in the nature of anticipatory bail. A person apprehending his arrest may apply to the High Court or to Court of Sessions for a direction of the nature of anticipatory bail. If such an order is made, the person shall be released on bail. Section 439 New Code inter alia provides that a High Court or a Sessions Judge MAY direct that any person accused of an offence and in custody be released on bail.

ORDER :

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

2. The petitioner is the accused in Crime No.335 of 2019 of Kodenchery Police Station, Kozhikode District. The above case is registered against the petitioner alleging offences punishable under Sections 110, 120(B), 201, 302, r/w. Section 34 of the Indian penal Code (IPC) and under Section 2 r/w. 6(2) of the Poison Act. The petitioner was arrested on 28.10.2019 in another case, and her arrest, in this case, was recorded, and she is in judicial custody from 03.11.2019.

3. The prosecution case is that on 01.05.2014 at about 9.30 a.m., the petitioner who is the 1st accused in this case with an intention to kill Alfine, who is the minor daughter of her second husband, poisoned the child through food and killed the said child by administering cyanide which was procured with the aid and assistance of accused Nos.2 and 3. The above case is registered based on the confession statement of the petitioner who is an accused in Crime No.189 of 2011 of Kodencherry Police Station. The confession statement was recorded in that case by the investigating officer and forwarded the same with a report through proper channel to Kodencherry Police Station. Based on that confession statement, the F.I.R. in Crime No.335 of 2019 was registered on 11.10.2019 at 5:41 hours. The victim Alfine, a female child, aged 1½ years, was living with her father Shaju Sakhariyas, her mother Sili and elder brother Aibel at Ponnamattom House Pullikkayam. The petitioner, who is the 1st accused, was the daughter in law of the elder brother of Sakhariyas. For the ulterior intention and motive to marry the said Shaju Sakhariyas, who is a teacher and having a fixed and regular government salary, the 1st accused plotted a plan to do away with the little daughter of Shaju namely Alfine. The child was calculated as a burden in the future by the petitioner. Therefore, on 01.05.2014 on the day of the first communion of Aibel who is the elder son of Shaju, the 1st accused went to Ponnamattom house owned by the father of the said Shaju wherein the function was held and at about 9.30 a.m., the 1st accused with an intention to kill the victim administered cyanide which was procured with the aid and assistance of accused Nos.2 and 3. It is the prosecution case that the accused mixed cyanide in food and gave the same to the victim. Cyanide was procured by the 1st accused after conspiring with the 2nd and 3rd accused with an ulterior aim to do away with the child who was apprehended to be a burden in the future in her relationship with Shaju. After taking the food in which cyanide was mixed, the victim collapsed and taken to a hospital at Kodencherry and from there transferred to a hospital at Omassry and ultimately referred to the Mims hospital at Kozhikode and from that hospital the victim died on 03.05.2014 without responding to the medical treatment. It is the prosecution case that the accused suppressed the evidence further for accomplishing the aim of the 1st accused to marry Shaju Sakhariyas. After about 1 ½ years, the 1st accused killed the first wife of said Shaju by administering cyanide. Thereafter, the 1st accused married Shaju Sakhariyas within a short span of time. The petitioner Joliyamma Joseph is now the 1st accused in the following cases in addition to the present case:

(1) Kodenchery Police Station Crime No.189 of 2011 under Section 174 Cr.P.C. altered into 110, 120(B), 466, 467, 468, 471, 302, 201 r/w. 34 IPC & Section 2 r/w. Section 6(2) of the Poison Act, 1919, for committing the pilot murder of her first husband Roy;

(2) Kodenchery Police Station Crime No.332 of 2019 under Sections 120(B), 466, 467, 468, 471, 302, 201 r/w.34 IPC & Section 2 r/w. Section 6(2) of the Poison Act, 1919, for murdering her former mother in law;

(3) Kodenchery Police Station Crime No.333 of 2019 under Sections 110, 120(B), 466, 467, 468, 471, 302, 201 r/w. Section 34 IPC & Sect