Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth

Justice C.S. Dias considered the fact the petitioner was an unmarried young lady who was a rape victim. The Court ordered thus:

“ On an overall consideration of the facts, rival submissions made across the Bar, and the materials placed on record, particularly 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.”

The petitioner, a 23 year old woman, was arrested and placed in judicial custody on May 3rd, 2024 for allegedly committing offence punishable under Section 302 of IPC which deals with punishment for murder. The accusation against her is that she allegedly threw her male infant from her apartment building to the road, resulting in the infant's death. It is alleged that the petitioner covered the infant's face and nose with cloth before throwing him down, purportedly with the intention of concealing the birth of the baby.

The petitioner contended that she was falsely implicated and was attributed with the murder of her infant. It was submitted that she was an unmarried lady who was a rape victim and was mentally depressed and devastated.

The Court took note of the fact that the petitioner, an unmarried lady gave birth to a stillborn infant without knowing its consequences. It also noted that the investigation was complete and she was in judicial custody for 80 days.

The Court referred to Sanjay Chandra v. CBI (2012), wherein it was held that there is a presumption of innocence until proven guilty in criminal law. The Court also referred to Dataram Singh v. State of U.P (2018) where it held that bail granting must be considered judiciously and compassionately. 

The Court stated that the object of bail is not punitive or preventive but only to secure the appearance of the accused for trial. It stated that Courts must uphold the principle that punishment only commences after conviction and that every person is presumed innocent until proven guilty after trial.

Accordingly, the Court allowed her bail application.

Counsel for Petitioner: Senior Advocate P Vijayabhanu, Advocates Geo Paul, C.R.Pramod, Jacob George Pallath Naveen T.U., S.Ashok Kumar, Harikrishnan A.S. ,Akshai.K.R., Mariyam Mathews, C.B.Gautham

Counsel for Respondents: ADGP Grashious Kuriakose

Citation: 2024 LiveLaw (Ker) 460

Case Title: xxx v State of Kerala

Case Number: BAIL APPL. NO. 5462 OF 2024

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