IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

MONDAY, THE 21^ST DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 BAIL APPL. NO. 66 OF 2022 Crime No.1180/2022 of Pathanapuram Police Station PETITIONER/ACCUSED:

SAMSY SEBASTIAN AGED 33 YEARS DAUGHTER OF SEBASTIAN, SAMSI BHAVAN, CHELIKUZHI.P.O, PATTAZHI, PATTAZHI VADAKKEKKARA VILLAGE, KOLLAM DISTRICT, PIN - 689695 BY ADVS.

AJEESH K.SASI SREELAKSHMI SABU RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 BY ADVS.

PUBLIC PROSECUTOR ADDL.DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT:

SRI. C.K. SURESH (SR.PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

The bail application is filed by the accused in Crime No.1180/2022 of Pathanapuram Police Station, Kollam District alleging commission of offence punishable under Section 302 of the Indian Penal Code.

2. The allegation against the petitioner is that with the intention of causing death of the 2 month year old baby girl, the petitioner along with the aforesaid 2 month old child jumped into the well situated in the parental house of the petitioner at a place called Pattazhi, following which the child died.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor. The counsel for the petitioner submits that the petitioner is suffering from certain psychiatric problems and refers to Annexures A3 to A5 in this regard. It is submitted that she is undergoing psychiatric treatment. The learned Public Prosecutor does not dispute the fact that the petitioner is undergoing psychiatric treatment. Chapter XXV of the Code of Criminal Procedure makes provision regarding accused persons of unsound mind and requires the Magistrate to follow the procedure under Sections 328 and 330 of Cr.P.C in respect of a case under investigation.

4. Having regard to the facts and circumstances of the case and considering the materials placed on record by the learned counsel for the petitioner, I am of the view that this is a case where Sections 328 and 330 are to be followed by the jurisdictional Magistrate. I therefore deem it appropriate to dispose of this bail application with the following directions:-

(i) The petitioner shall mark appearance before the jurisdictional Magistrate within 10 days from today;

(ii) On the appearance of the petitioner the Magistrate shall proceed with the matter having due regard the provisions of Sections 328 and 330 of the Cr.P.C.

It is made clear that if the learned Magistrate is satisfied that the provisions of Sections 328 and 330 apply in the case having due regard to the documents that may be produced, the petitioner shall be released on bail taking into account of provisions of Section 330 and subject to the conditions provided for therein.

Bail application will stand disposed of with the aforesaid directions.

Sd/-

GOPINATH P.

JUDGE AMG APPENDIX OF BAIL APPL. 66/2022 PETITIONER ANNEXURES Annexure1 FIR IN CRIME NO 1180 OF 2021 OF PATHANAPURAM POLICE STATION Annexure2 ORDER DATED 24.12.2021 IN CRIMINAL M.C NO 2260/2021 OF THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE-1 KOLLAM Annexure3 CASUALITY RECORD OF THE PETITIONER DATED 18.11.2021 ISSUED FROM GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM Annexure4 DISCHARGE CARD OF THE PETITIONER ISSUED FROM GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM Annexure5 DISCHARGE SUMMARY OF THE PETITIONER DATED 31.12.2021 ISSUED FROM GOVERNMENT MEDICAL COLLEGE THIRUVANANTHAPURAM