PRINCE Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioners who are accused Nos.1 & 2 in S.C.No.285/2013 on the file of Sessions Court (Special Court), Ernakulam, to issue a direction to the Sessions Judge to consider and dispose of the bail application under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioners are husband and wife and they are arrayed as accused Nos.1 & 2 in S.C.No.285/2013 pending before Sessions Court (Special Court for trial of cases relating to atrocities on Women and Children), Ernakulam. The second petitioner was carrying at that time and gave birth to a child on 29.06.2014. During the period of pregnancy, there was some complications and she required constant attention. So, both of them could not appear before the court below and take bail. Now, non bailable warrant has been issued against them. Though they are prepared to surrender, they are likely to be remanded without considering the bail application. Further, the second petitioner is not in a position to appear immediately and she requires some breathing time for that purpose. So, the petitioners have no other remedy except to approach this Court seeking the following relief:

(3.) THE Counsel for the petitioners submitted that the first petitioner is prepared to surrender and he wants some time for second petitioner to surrender, because, she will have to breast feed the newly born child. Further, unless a direction is given, the learned Sessions Judge will not consider the bail application on the same day and he they will be remanded.