RESHMA S. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail.

(2.) The petitioner is the accused in Crime No 645/2022 of Kanjar Police Station. The offence alleged against the petitioner is under sec. 302 of the Indian Penal Code.

(3.) The prosecution case is as follows: The petitioner is a lady aged 25 years, whose marriage with one Arjun was solemnized on 21/11/2021. She gave birth to a boy child on 30/10/2022. It is alleged that on 17/10/2022 at 3.30 P.M., the petitioner committed the murder of the child when the child was just 18 days old. Initially, the crime was registered by the police under sec. 174 of the Cr.P.C. On that day, the child was found bleeding from the nose and was taken to the hospital. Later, the child died. During the investigation, it was revealed that, after giving birth, the petitioner suffered from lactation insufficiency. She had to feed the child by squeezing her breast manually, resulting in breast pain. As the child was not getting adequate milk, the child used to cry throughout the day due to hunger, and on account of this, the petitioner developed a hatred towards the child. On 17/2/2023 at 15.20 hrs, the child woke up from sleep and started crying. Even though the petitioner tried to feed the child, the child could not gulp breast milk. This infuriated the petitioner, and due to anger, she lifted the child by holding his legs and hit the head of the child on the marble floor, thereby causing injuries. Later, when the child started bleeding from the nose, she handed over the child to her mother informing her that the child accidentally slipped from her hands. As the child died and the crime was registered. The petitioner was arrested as part of the investigation of the case on 20/1/2023, when she appeared before the investigation officer based on a notice issued to her under sec. 41A of Cr.P.C. Since then, she has been under judicial detention. Even though she moved an application for bail before the Sessions Court, Thodupuzha, the same was dismissed as per Annexure III order. The petitioner submitted this application in such circumstances.