Kerala High Court
Lygina vs State Of Kerala on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
BAIL APPL. NO. 5397 OF 2021
CRIME NO.733/2021 OF Mundakayam Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT IN CMP 1002/2021 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KANJIRAPPALLY, KOTTAYAM
PETITIONER/ACCUSED:
LYGINA, AGED 36 YEARS
W/O. SAMEERKHAN, KANDATHIL HOUSE, CHAPPATHU BHAGOM,
KOOTTICKAL P.O., MUNDAKKAYAM, KOTTAYAM,PIN-686 514
BY ADVS.
M.P.MADHAVANKUTTY
K. REMIYA RAMACHANDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031
BY SR. PP SRI. C.K. SURESH
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.5397/2021
2
ORDER
DATED THIS THE 11TH DAY OF AUGUST, 2018
The petitioner is the sole accused in Crime
No. 733 of 2021 of Mundakayam Police Station
registered for the offence punishable under Section
302 of Indian Penal Code.
2. The prosecution case in brief is as
follows:
The petitioner due to her enmity towards her
husband and his family members, with the intention
to commit murder of her daughter, aged 12 years on
27.06.2021 at about 4.30 p.m. strangulated her with a
shawl and thus committed murder, while they were
residing together at her residence.
3. The petitioner has been in custody since
11.07.2021.
4. The learned counsel for the petitioner
has submitted that the petitioner is suffering from
mental illness. Her husband was working abroad and
B.A.5397/2021
there were some issues in the family also. So she
attempted to commit suicide after strangulating her
daughter and thus the incident happened. In fact,
she was undergoing treatment for her mental illness
right from 2011 onwards. But for some time she could
not continue with the treatment and that has
aggravated her mental condition which resulted in
causing death of her own daughter aged 12 years. In
fact, now her relatives are here to take care of her
mental condition and to provide adequate treatment
for her. It is also submitted that, after arrest the
petitioner was affected with Covid-19. So, further
detention in jail could only aggravate her mental
illness and hence, this application.
5. The learned Public Prosecutor has
submitted that the petitioner is suffering from
mental illness and on the relevant date after
committing murder of her daughter, she too attempted
to commit suicide. But she was saved by neighbours
and Fire Force who rushed to the spot on hearing the
hue and cry from her house.
B.A.5397/2021
6. Heard the learned counsel for the
petitioner as well the learned Public Prosecutor.
7. The petitioner is a lady aged 36 years.
The records prima facie reveal that she is suffering
from mental illness and had undergone treatment
before a hospital for a few days. But it is not
revealed that she was having continuous treatment for
the last so many years. It is true that after
committing murder of her 12 year old child by
strangulating her, she jumped into the well in her
residential compound. But she was rescued by the
Fire Force officials and she was admitted in the
hospital after arrest. She had undergone treatment
in Psychiatric Ward at Medical College, Kottayam
under police surveillance. Now she is retained in
District Jail, Kottayam. So, it is clear that the
petitioner is suffering from mental illness and she
has to undergo continuous treatment for the same.
The submission of the learned counsel for the
petitioner is that her relatives are ready to
provide treatment and take care of her. The same
B.A.5397/2021
cannot be accepted as such because she had committed
the murder of her daughter aged 12 years while they
were residing together. So the records would reveal
that it is not safe to release the petitioner at this
stage. She requires treatment and the investigation
of the case has to be completed also. Considering
the entire facts involved in this case, I think that
it is not just and proper and safe to release her
mainly considering her mental status. Moreover, her
parents are aged and they will not able to attend her
always. The safety of her aged parents as well her
own safety will be in danger, if released on bail at
this stage. Hence, the prayer of the learned counsel
for the petitioner is rejected and this bail
application is dismissed. The jail authorities are
directed to provide adequate and proper treatment to
her whenever it is required to improve her mental
condition.
Sd/-
SHIRCY V.
JUDGE
sb
