Kerala HC Grants Bail To Woman Accused Of Throwing Infant From Balcony Causing Death

The incident came to light when a plastic bag containing the deceased newborn was discovered by passersby that morning. The woman was identified through a barcode on the bag, which was traced back to an online shopping platform.

A Bench of Justice CS Dias approved the bail for the 23-year-old woman, who reportedly gave birth to the child in her bathroom without anyone's knowledge. The Court said, “considering the fact that the petitioner is a young lady aged 23 years, she is an alleged victim of a rape, she has been in judicial custody for the last 80 days, the investigation in the case is complete, recovery has been effected and further the petitioner does not have any criminal antecedents, I am of the firm view that the petitioner's further detention is unnecessary. Hence, I am inclined to allow the bail application, but subject to stringent conditions.”

Senior Advocate P Vijayabhanu appeared for the Petitioner and Additional Director General Grashious Kuriakose appeared for the Respondent.

The Court noted, “the petitioner is a 23 year old girl, who is unmarried. It is alleged that the petitioner conceived the child in a rape that was committed on her. It is without knowing the consequences, that the petitioner delivered a stillborn infant. The fact remains that the petitioner has been in judicial custody for the last 80 days, the investigation in the case is practically complete, the recovery has been effected and the petitioner does not have any criminal antecedents”

The Court said, “The object of bail is neither punitive nor preventive. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty”

Cause Title: X v. State of Kerala, [2024:KER:54746]

Appearance:

Petitioner: Senior Advocate P Vijayabhanu, along with Advocates Geo Paul, CR Pramod, Jacob George Pallath, Naveen TU, S Ashok Kumar, Harikrishnan AS, Akshai KR, Mariyam Mathews, and CB Gautham