Notably, the infant was the 6th child of the accused and was apparently an unwanted child as a consequence of an unintended pregnancy.
Single-Judge Justice Gopinath P while allowing the bail plea of the applicant observed that applicant’s continued detention is not necessary for the purpose of any investigation.
“Having regard to the facts and circumstances of the case and considering the fact that the petitioner is stated to be suffering from multiple disability and the fact that she has been in custody from 10-12-2021 and considering the fact that her continued detention may not be necessary for the purpose of any investigation, I am opinion that the petitioner can be granted bail subject to conditions,” the Court observed.
The applicant-accused, one Nisha Suresh was booked for offences under Section 302 [Punishment for murder] read with Section 34 [Common Intention] of the Indian Penal Code 1860.
It was the case of the accused that the allegations levied against her are totally false and that the death of the infant was unintentional and occurred due to an accident.
The petitioner argued that she suffers from multiple handicaps since last 10 years and is bedridden and had therefore, had asked her elder child aged 15 years, to bathe the new-born baby. Owing to inexperience on the part of her elder child, the new-born baby accidentally drowned and subsequently died while it was being bathed, the accused submitted.
Advocate SP Joseph appearing for the accused, contended that she should not be held liable for the death of the baby since the applicant by virtue the facts of the instant case did not make any attempt whatsoever to conceal the body of the baby in any manner.
The prosecution has argued that as per the statements recorded from the neighbors and others in the locality, the applicant had hidden the fact of her pregnancy to everyone, thereby hinting that she was ashamed that she was pregnant with her 6th child.
Further, it was submitted by the prosecution that the applicant purposefully killed the infant since the dead-infant was an outcome of unintended pregnancy and thereby was an unwanted child for the applicant.
Considering the facts and circumstances, the Court has allowed the bail application and directed that she be released on bail by executing a bond of ₹25,000 along with two sureties.
The Court has also directed the applicant to report before the investigating officer whenever the same is required. The petitioner was also directed not to attempt to interfere with the investigation, influence or intimidate any witness and not to involve in any other crime while on bail.
Source: Barandbench
