Kerala HC Grants Anticipatory Bail To Mother Who Allegedly Tried To Kill Her 14-Day-Old Baby Over Post-Delivery Mental Strain, Child's Custody Given To Father

Justice Sophy Thomas 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 custody of the child was given to the father based on a report submitted by the Child Welfare Committee.

“The custody of the child will be with the de facto complainant/father and his relatives for the time being. Child Welfare Committee, Palakkad has to supervise the welfare of the child while in the custody of the de facto complainant/father and his relatives and shall file periodic report to the jurisdictional court, once in two months”, stated the Court.

The Counsel for the petitioner submitted that the mother was undergoing mental strain post-delivery and was undergoing psychiatric treatment. It was argued that the mother was unaware of any such incident. It was also submitted that the baby was now taken care of by the de facto complainant-father and his family members.

Considering the well-being of the baby, the Court had suo moto impleaded Child Welfare Committee, Palakkad. 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 thus granted custody of the baby to the father since the mother was still undergoing treatment. It also directed the Child Welfare Committee to conduct periodical enquiries and submit reports before the jurisdictional court once in two months.

Accordingly, it granted anticipatory bail to the mother.

Counsel for the petitioner: Advocates S.K.Adhithyan, Reuben Charly

Counsel for the respondents: Government Pleader Vipin Narayanan

Citation: 2024 LiveLaw (Ker) 122

Case title: Lini v State of Kerala

Case number: BAIL APPL. NO. 594 OF 2024

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