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Disabled mother granted bail after newborn drowned to death: Kerala High Court

The issue was whether a disabled mother can be granted bail upon being accused of killing her child by drowning her in a bucket of water was before consideration of the Kerala High Court in a bench consisting of Justice Gopinath P in the matters between Nisha Suresh v. State of Kerala B.A. No.274/2022 decided on 20.1.2022.

The facts of the case are that the deceased infant was the accused’s 6th child and apparently an unwanted child as a result of an unwanted pregnancy. She is accused of dropping the baby into a bucket of water and thus drowning it and charged for offences under Section 302 read with Section 34 of the Indian Penal Code 1860..The present petition is an application for granting her bail.

The Petitioners contended that The allegations made against him are completely unfounded and that the baby’s death was unintentional and resulted from an accident. She bathe her newborn baby from her 15-year-old elder as she has had multiple disabilities for the past 10 years and has been bedridden. Due to the inexperience of the eldest child, the newborn baby drowned accidentally and later died while taking a bath.The applicant should not be held responsible for the death of the infant on the basis of the facts. In the present case, no attempt had been made to conceal the baby’s body in any way.

The Respondent contended that according to the testimonies of neighbors and others, the applicant concealed her pregnancy, implying that she was ashamed that she was pregnant with her 6th child. The applicant had deliberately killed the baby, since the deceased baby was the result of an unwanted pregnancy and therefore an unwanted child for the applicant.

The Kerala High Court held the applicant’s continued detention was not necessary for any investigation. The court allowed her application for bail and ordered her to be released on a bail of Rs.25,000  along with two sureties. The court also requested the applicant to report before Investigation officer whenever necessary. The petitioner was also instructed not to interfere with the bail investigation, influence or intimidate any witness, and not be involved in any other crime while on bail.

Judgement reviewed by Bhaswati Goldar

Nisha_Suresh_v__State_of_Kerala

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