Subeena Mumthas vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.648/2021 of Nadapuram police station, Kozhikode district. The allegation against the petitioner is that on 26.09.2021, at about 21.00 hrs, petitioner murdered her twin children, one boy and one girl, aged three years by throwing them into a well nearby her house and thereafter tried to commit suicide by jumping into the same well.

Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent and that she had jumped into the well to save her children. He also submits that the accused has been in custody since 27.09.2021 and that her continued detention is not necessary for the purpose of investigation into the case.

Sri. P Narayanan, learned Public Prosecutor would submit that this is a brutal crime committed by the accused. He also submits that the investigation conducted thus far reveals the involvement of the petitioner in the act of killing her two children. He also pointed out that there are certain other allegations against the petitioner. He also submits that the investigation is at a very early stage and since the witnesses are all either closely related or neighbours of the petitioner/accused, there is every chance of the investigation being affected, if the accused is being released at this stage.

Having regard to the facts and circumstances of the case and having regard to the allegations raised against the petitioner and also having regard to the stage of the investigation, I am of the opinion that the petitioner is not entitled to bail.

The application therefore fails and will stand dismissed.