Saturday, October 1, 2022

Disabled woman, held for killing her newborn, granted bail by Kerala High Court

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The Kerala High Court has granted bail to a disabled woman, who was arrested for killing her newborn by dropping the baby in a bucket of water.

The Single-Judge Bench of Justice Gopinath P, while allowing the bail plea of the applicant on Thursday, observed that her continued detention was not necessary for the purpose of any investigation.
The Bench said taking into account the fact that the petitioner was stated to be suffering from multiple disability, that she has been in custody from December 10, 2021 and also that her continued detention may not be necessary for the purpose of any investigation, she can be granted bail, subject to conditions.
The High Court granted her bail on a bond of Rs 25,000 and two sureties. The Court directed the woman to report before the investigating officer, whenever 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.

As per the case, the infant was the sixth child of the accused and was apparently an unwanted child as a consequence of an unintended pregnancy. The applicant-accused, 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 the past 10 years and is bedridden and had therefore, asked her elder child aged 15 years, to bath the new-born baby. Owing to inexperience on part of her elder child, the newborn 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 argued that as per the statements recorded from the neighbours and others in the locality, the applicant had hidden the fact of her pregnancy to everyone, hinting that she was ashamed that she was pregnant with her sixth child.

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