On 20th January, the Kerala High Court granted bail to a disabled woman who was accused under sections 302 (murder) and 34 (common intention) of the IPC. The accused petitioner has been alleged of committing the grave offense of murder along with her elder child, aged 15 years.
The petitioner has submitted that she is bedridden for the last 10 years and has suffered multiple handicaps so far. She had asked her elder child to help her to bathe her younger sibling. The elder child had no prior experience of handling the newborn as a result the baby drowned in the bucket filled with water, accidentally. The petitioner did not try to conceal the body of the newborn. Had she got the intention to murder her newborn female child, she would have hidden the body.
The respondents have submitted that the accused had not disclosed the fact of the birth of her 6th newborn to her neighbours, as she felt embarrassed for the same. The newborn was an unwanted child and was murdered by her to save herself from being ashamed. The respondents lastly submitted that grant of bail to the accused may put at risk the safety of other children as well. Justice Gopinath granted bail to the accused with regards to the facts and circumstances of the case because the disabled woman has been suffering multiple handicaps. Her continued detention may not be necessary for any investigation so far. She has been in detention since 10th December 2021, she can be granted bail on the following conditions of executing a bond Rs. 25,000 with two solvent sureties each for the like sum, to appear before investigating officer whenever summoned to do so, to not to interfere with an investigation that can further influence or threaten witnesses, and not to be involved in any crime while on bail.
