The Kerala High Court has granted bail to a woman accused of throwing her newborn baby from her apartment balcony, resulting in the infant's death. The incident was discovered when passersby found a plastic bag containing the deceased newborn. The woman was identified via a barcode on the bag linked to an online shopping platform. Justice CS Dias granted bail to the 23-year-old woman, who reportedly gave birth in her bathroom without anyone's knowledge.
The Court stated, “Considering the fact that the petitioner is a young lady aged 23 years, she is an alleged victim of rape, has been in judicial custody for the last 80 days, the investigation is complete, recovery has been effected, and she has no criminal antecedents, I am of the firm view that her further detention is unnecessary. Hence, I am inclined to allow the bail application, subject to stringent conditions.”
Senior Advocate P Vijayabhanu represented the petitioner, while Additional Director General Grashious Kuriakose appeared for the respondent. The Court noted that the petitioner, a 23-year-old unmarried woman, allegedly conceived the child as a result of rape. The petitioner delivered a stillborn infant without understanding the consequences. The Court highlighted that she had been in judicial custody for 80 days, the investigation was nearly complete, the recovery had been made, and she had no prior criminal record.
The Court emphasized, “The object of bail is neither punitive nor preventive. Deprivation of liberty must be considered a punishment, unless necessary to ensure the accused will stand trial. Courts owe more than verbal respect to the principle that punishment begins after conviction and that every person is presumed innocent until proven guilty.”
TAGS: Kerala High Court bail granted newborn death balcony incident 23-year-old woman rape victim judicial custody investigation complete no criminal antecedents Justice CS Dias Senior Advocate P Vijayabhanu Additional Director General Grashious Kuriakose.
