The Kerala High Court in the case observed and has granted pre-arrest bail to a mother who allegedly tried to kill her 14-day-old baby by putting the then child in a bucket filled with water.
The bench headed by Justice Sophy Thomas in the case observed and has granted custody of the baby to the father for the time being since the mother was still undergoing psychiatric treatment post-delivery due to mental strain.
The report submitted by the Child Welfare Committee stated that the custody of the child was given to the father
The court in the case stated that the custody of the child will be with the de facto complainant or father and his relatives for the time being.
Therefore, the Child Welfare Committee, Palakkad has to supervise the welfare of the child while in the custody of the de facto complainant or father and his relatives and shall file periodic report to the jurisdictional court, once in two months.
The counsel appearing for the petitioner submitted before the court that the mother was undergoing mental strain post-delivery and she was undergoing psychiatric treatment.
It was also argued before the court that the mother was unaware of any such incident.
The court observed that the baby was now taken care of by the de facto complainant-father and his family members.
Therefore, the Court had suo moto impleaded Child Welfare Committee, Palakkad, while considering the well-being of the baby.
The report submitted by the Child Welfare Committee stated that the mother was undergoing treatment and it was not safe to entrust the custody of the baby to the mother now.
The court while considering the facts and circumstances of the case observed and has granted custody of the baby to the father since the mother was still undergoing treatment.
Further, the court directed the Child Welfare Committee to conduct periodical enquiries and also to submit the reports once in two months before the jurisdictional court.
Accordingly, the court granted anticipatory bail to the mother.
The counsel, Advocate S. K. Adhithyan, Advocate Reuben Charly appeared for the Petitioner.
The counsel, Government Pleader Vipin Narayanan represented the respondent.